Jai Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23720 of 2016 Arising Out of PS.Case No. -85 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Jai Shankar Kumar S/o Naresh kumar Resident of Village- Auliyabad PS Bihipur District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner being Panchayat Secretary is apprehending arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. The prosecution case is that Vigilance enquiry was initiated in pursuance to an order passed by a Division Bench of this Court in a PIL with regard to illegality committed in the appointment of panchayat teachers.

Subsequently, the investigating agency issued direction to the Panchayat Secretaries to submit folders with regard to such illegal appointment of Panchayat teachers within a time frame. The petitioner failed to

Patna High Court Cr.Misc. No.23720 of 2016 (2) dt.26-05-2016 2/3 submit the folder.

It is submitted by the learned counsel for the petitioner that the petitioner was not given the charge of folders related to appointment of Panchayat teachers hence he could not submit the same before the concerned authority though an inconsistent statement has been made in paragraph 11 of the petition which suggests the kind of pleading advanced on behalf of the petitioner.

Considering the nature of accusation, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned CJM, Bhagalpur in connection with Kotwali Adampur P.S. Case No.85 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioner will be accepted on filing of an affidavit by the petitioner before the learned court below that he will regularly cooperate in the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in the investigation will give liberty to the learned

Patna High Court Cr.Misc. No.23720 of 2016 (2) dt.26-05-2016 3/3 court below to cancel bail bonds of the petitioner. (Dinesh Kumar Singh, J) Anil/- U T