Dinesh Choubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58120 of 2015 Arising Out of PS.Case No. -149 Year- 2015 Thana -SANDESH District- BHOJPUR ====================================================== Dinesh Choubey son of Late Mukhram Choubey resident of Village Sandesh , P.O. Sandesh, District Bhojpur- 802164 .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Vardhan Narayan For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-01-2016 Heard learned counsel for the petitioner and the learned A. P.P. for the State.
The petitioner apprehends his arrest in connection with Sandesh P.S. Case No. 149 of 2015 registered for offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.
As per the written report of the Panchayat Secretary, Sandesh Gram Panchayat, District Bhojpur addressed to the Officer-Incharge, Sandesh Police Station, allegation against Dinesh Choubey, Ex-Panchayat Teacher (Petitioner) is that he got appointment as Panchayat Teacher on the basis of the forged educational certificates. After enquiry, Deputy Development Commissioner, Bhojpur directed to terminate the services of
Patna High Court Cr.Misc. No.58120 of 2015 (2) dt.07-01-2016 2/3 Dinesh Choubey as also to lodge First Information Report against him and to recover the amount received by him. On the basis of the said direction, services of Dinesh Choubey has been terminated and Rs. 4,17,397/- which he received as salary is recoverable.
It has been submitted by the learned counsel for the petitioner that that in pursuance to the departmental enquiry, services of the petitioner has already been terminated and a sum of Rs. 4,17,397/- has been found recoverable from the petitioner. It has further been submitted that the basis of lodging of the First Information Report is submission of forged educational documents during the time of seeking appointment as a Panchayat Teacher in the year 2005. Learned counsel for the petitioner further submits that he has already been imposed punishment of termination from service and recovery and the First Information Report regarding submission of forged certificate is a matter of investigation. Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Sandesh P.S. Case
Patna High Court Cr.Misc. No.58120 of 2015 (2) dt.07-01-2016 3/3 No. 149 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.
(Nilu Agrawal, J.) Arjun/- U T