Gopal Sharan Chaudhary v. The State Of Bihar Through Vigilance Cabinet Department, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30975 of 2020 Arising Out of PS. Case No.-254 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== GOPAL SHARAN CHAUDHARY S/o Chamari Chaudhary Resident of Village-Gulmi Dihuri, P.S.-Chandauti, District-Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR THROUGH VIGILANCE CABINET DEPARTMENT, PATNA. Patna.

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr. AG ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.

Allegation against the petitioner is that he was the Chairperson of the appointment committee and has miscalculated the percentage of marks and by this miscalculation undeserving candidates were appointed on the post of teachers.

Patna High Court CR. MISC. No.30975 of 2020(2) dt.22-01-2021 2/3 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner happened to be the Chairman of the appointment committee, who had appointed the Niyogit teachers. The certificates were examined, which were produced by the candidates and were looked into by the entire committee and thereafter only the appointment letters were issued to the concerned candidates. At best, it is an act of negligence. The petitioner had no intention for committing any fraud or cheating. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. case No.254 of 2018 (G.R. No.7914 of 2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.30975 of 2020(2) dt.22-01-2021 3/3 Procedure.

(Sudhir Singh, J) Narendra/- U T