Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28969 of 2019 Arising Out of PS. Case No.-126 Year-2018 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== DINESH YADAV Son of Punai Yadav Resident of Village - Hasanpur, P.S.- Magadh University, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sarvesh Kumar Singh S/o- Chandrika Singh Resident of village- Chilkipur P.S. Rahui Dist.- Nalanda At present Police Nirikshak Nigrani Anweshan Bureau,Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

Petitioner who happens to be Mukhiya of Gram Panchayat Jhikatia is said to have appointed 15 persons as Panchayat Teacher in the year 2005 on the basis of the documents furnished by the candidates. Subsequently the document furnished by the candidates was found to be forged

Patna High Court CR. MISC. No.28969 of 2019(3) dt.06-08-2019 2/3 after its verification. Aforesaid teachers withdrew salary for 14 years causing great loss to public coffer.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in the case. He was Chairman of the Appointment Committee and he along with Panchayat Sachiv made selection of the candidates as Panchayat teachers and on the basis of the aforesaid selection joining letters were issued to them under signature of Panchayat Sachiv making the Headmaster of the School liable to verify all the documents furnished by them at the time of joining before giving joining to the aspirants and it was the liability of the Headmaster to verify the genuineness of the documents produced by the candidates and not of the petitioner. Petitioner has no criminal antecedent. Hence the petitioner may be enlarged on bail.

On the other hand, learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond

Patna High Court CR. MISC. No.28969 of 2019(3) dt.06-08-2019 3/3 of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IX, Gaya in connection with M.U. P.S. Case No. 126 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T