Uttam Lal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36557 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -PRATAPGANJ District- SUPAUL ====================================================== Uttam Lal Mandal S/o Late Jank Mandal R/o Village- Sukhanagar, P.S.- Partapganj, District- Supaul, Permanent Addres- R/o vill- Rahtha P.S.= Trivenignaj, Distt- Supaul .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-09-2016 Heard learned counsel for the petitioner and none appeared on behalf of the State.

The petitioner apprehends his arrest in connection with Partapganj P.S. Case No. 26 of 2016 registered under Sections 420 and 409 of the Indian Penal Code. The accusation is that in the light of the order passed in C.W.J.C. No. 15459 of 2014, petitioner, being the Panchayat Secretary, Sukhanagar, was asked to submit the folder, merit list, application form, educational certificates and other relevant documents of Employed Panchayat Teachers since 2006 for enquiry by vigilance regarding illegality committed in the appointment but he did not furnish the whole documents. Learned counsel appearing on behalf of the

Patna High Court Cr.Misc. No.36557 of 2016 (3) dt.22-09-2016 2/2 petitioner submits that in fact, petitioner took the charge of Panchayat Secretary of Panchayat Sukhanagar on 24.07.2009 to Upendra Ram, the then Panchayat Secretary and only applications of candidate and folder of appointment of Panchayat Teacher of 2008 was furnished along with other documents to the petitioner. The petitioner only submitted the folder and applications of appointed teacher in 2008 available with him in the light of direction of District Program Officer, Supaul, which is detailed in his letter no. 73 dated 25.06.2015.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Birpur in connection with Partaphganj P.S. Case No. 26 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Shail/- U T