Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28405 of 2020 Arising Out of PS. Case No.-172 Year-2016 Thana- KATEYA District- Gopalganj ====================================================== Shailesh Kumar, aged about 36 years (Male), Son of Ambika Singh @ Ambika Prasad Resident of Village- Barhara, P.S.- Gopalpur, DistrictGopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Harendra Prasad, Advocate For the Opposite Party :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Kateya P.S. Case No. 172 of 2016 for offences under Section 409/34A of the Indian Penal Code.

Primarily, the job of a teacher is to impart education to the students but unfortunately, in the State of Bihar, the authorities of the Education Department have relegated them to the level of Contractor to complete the construction work of the school building and discharge other responsibilities, instead of imparting education. Now teachers are made accused with allegation that the fund allotted to the teacher/headmaster was not properly utilized and therefore the petitioner has been made

Patna High Court CR. MISC. No.28405 of 2020(2) dt.18-01-2021 2/2 accused in the present case.

In the circumstances, the Court is of the view that the petitioner deserves privilege of anticipatory bail. The authority before fixing any criminal accountability shall consider the question of fixing responsibility on those who relegated the teachers to contractor.

Considering the aforesaid this Court is inclined to grant privilege of anticipatory bail to the petitioner. Let petitioner, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 172 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) BT/- U T