Shiv Chandra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36462 of 2016 Arising Out of PS.Case No. -161 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Shiv Chandra Prasad, son of Ramdhawaja Hazam, resident of villagePipariya, P.S. Mohania, District-Kaimur (Bhabua). At present-Panchayat Sachiv, Gram Panchayat-Devradh Kala Khurd, Block-Kudra, P.S. Kudra, District-Kaimur (Bhabua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 02-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kudra P.S. Case No.161 of 2016 registered under Sections 175, 187, 188, 409 and 420 of the Indian Penal Code. The accusation is that in course of investigation by the Vigilance Department, several irregularities were found in the appointment of Panchayat Teachers. The Panchayat Secretaries of the concerned Blocks were directed to submit the files in respect of the appointment of the Panchayat Teachers including the petitioner, who was Panchayat Secretary of Devradh Kala Khurd Block-Kudra but the same were not submitted by them.

Patna High Court Cr.Misc. No.36462 of 2016 (2) dt.02-09-2016 2/2 Learned counsel for the petitioner submits that, in fact, the petitioner joined as Panchayat Secretary of Devradh Kala Khurd, Block-Kudra, in the year 2014 and the files were handed over to him only of the year 2005 to 2012, which would appear from Annexure-'2' to this application. Due to that reason, the petitioner could not file in respect of the appointment of Panchayat Teachers for the year 2003 and the rest files have been submitted by him in the concerned Department on 19.11.2015. As such, there was no fault on the part of the petitioner in not submitting the files regarding the appointment of Panchayat Teachers of the year 2003.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur (Bhabua), in connection with Kudra P.S. Case No.161 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T