Yogendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46190 of 2021 Arising Out of PS. Case No.-233 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== Yogendra Paswan Son of Late Mohan Paswan Resident of Village- Khajuri, P.S.- Karpi in the District- Arwal.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance Investigation Bureau through its Additional Director General, Patna, Bihar. Bihar, Patna.

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

For the Petitioner/s :

Mr.Sunil Kumar Mr Pankaj Kumar For the Vigilance : Ms. Archana Palkar Khopde For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Jehanabad (Kalpa OP) P.S. Case No. 233 of 2021, registered for the offences punishable under Section 420 and other allied sections of the Indian Penal Code.

Prosecution case in brief is that this petitioner is alleged to have not produced the list of selected candidates and record register to the higher authorities related to appointment of teachers in Gram Panchayat, Surangpur, Bhawanichak for the year 2010.

Patna High Court CR. MISC. No.46190 of 2021(3) dt.11-07-2022 2/3 It is submitted that in the year 2010 one Nirmala Kumari was appointed as Primary teacher by the then Mukhiya namely Mahanand Singh and the then Panchayat Secretary Sri Laxman Chaudhary. The petitioner was given additional charge of Surangpur Bhawanichak Gram Panchayat by the Block Development Officer, Jehanabad vide office order contained in memo no. 137 dated 23.01.2019 which is annexed as annexure no. 2 to this petition. Thereafter, the charge of Surangpur Bhawanichak Gram Panchayat was handed over to the petitioner by Panchayat Secretary namely, Krishna Nandan Singh, but he did not hand over the entire file folders related to appointment of teachers in Gram Panchayat, Surangpur, Bhawanichak. Thus, petitioner was neither posted in the concerned panchayat at the time of appointment of Nirmala Kumari nor his predecessor handed over the entire record. As such petitioner cannot be held responsible for the same.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six 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

Patna High Court CR. MISC. No.46190 of 2021(3) dt.11-07-2022 3/3 satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad (Kalpa OP) P.S. Case No. 233 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T