Wakil Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.53975 of 2016 (3) dt.11-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53975 of 2016 Arising Out of PS.Case No. -165 Year- 2016 Thana -BARAHIYA District- LAKHISARAI ====================================================== Wakil Yadav, S/o Parmeshwar Yadav, Resident of Village- Belauri, P.S.- Lakhisarai, District- Lakhisarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate. For the Opposite Party/s : Mr. Sri Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barahiya P.S. Case No. 165 of 2016 registered under Section 409 of the Indian Penal Code.

The accusation is that in spite of direction to submit the folders in respect to appointment of Panchayat Teachers, the petitioner being the Panchayat Secretary of Dumri, Ganjadarai and Laxmipur did not summit the Medha Pangi register, proceeding register and applications register.

Learned counsel for the petitioner submits that the petitioner took the charge of Panchayat Secretary of Gangasarai Panchayat from the then Panchayat Secretary, Shyam Nandan Mahto on 21.03.2010 but he had only submitted the papers regarding the appointment of Panchayat Teachers in respect to year

Patna High Court Cr.Misc. No.53975 of 2016 (3) dt.11-01-2017 2006. Similarly, petitioner took charge of Panchayat Secretary of Laxmipur and Dumri Panchayat on 25.06.2015 from the then Panchayat Secretary Triloki Yadav but he had not handed over the applications register and Medha Pangi, which would appear from annexure 2 series of the supplementary affidavit. Further submission is that the documents, which was taken by the petitioner, has already been submitted by the Department and regarding non availability of the documents, petitioner has already communicated to the District Programe Officer, Lakhisarai, on 19.10.2016, which would appear from annexure 3 of the supplementary affidavit.

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 of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, in connection with Barahiya P.S. Case No. 165 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T