Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33121 of 2019 Arising Out of PS. Case No.-430 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Anil Kumar S/o Ramsubhag Ram R/o village- Dharampur, Ghejan, P.S.- Sakurabad, District- Jehanabad ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Superintendent of Police, Investigation Bureau, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-05-2019 Heard both sides.
The petitioner apprehends his arrest in Makhdumpur (Tehta O.P.) P.S. Case No.430 of 2018 registered under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code. The gist of allegation is that one Poonam Kumari illegally got appointment on the post of panchayat teacher on the basis of forged and fabricated certificate/mark-sheet of Intermediate. On enquiry, it was found that no such mark-sheet was issued by the Intermediate Council.
Learned counsel for the petitioner submits that the petitioner was the Panchayat Secretary and the duty of the petitioner was only to keep the records of the panchayat. The petitioner was not authorized to verify the certificates submitted
Patna High Court CR. MISC. No.33121 of 2019(2) dt.21-05-2019 2/2 by the candidates.
Learned A.P.P. appearing on behalf of the State opposed the prayer for anticipatory bail of the petitioner. Having considered the facts that the petitioner was the Panchayat Secretary but he was not authorized to verify or scrutinize the certificates submitted by the candidates and the duty of the petitioner was only to keep the records of the panchayat, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Makhdumpur (Tehta O.P.) P.S. Case No.430 of 2018, subject to the conditions as laid down under Section 438
(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/- U T