Shyamdeo Mehta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24374 of 2016 Arising Out of PS.Case No. -50 Year- 2016 Thana -OBRA District- AURANGABAD ======================================================

1. Shyamdeo Mehta, son of Chandrika Mehta

2. Sita Ram Prasad, son of Rameshwar Mehta .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners being Panchayat Secretaries are apprehending arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. Prosecution case is that in pursuance of an order passed by a Division Bench of this Court in a PIL, the Vigilance enquiry was initiated with regard to the illegality committed in the appointment of 'Panchayat Teachers'.

Consequently, the investigating agency directed the Panchayat Secretaries to submit the folders containing certificates of such appointed 'Panchayat Teachers' within the stipulated time frame but the petitioners failed to submit the respective folder.

It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.24374 of 2016 (2) dt.31-05-2016 2/2 as the petitioners were not given charge of all the documents with respect appointment of Panchayat teachers, hence, they failed to submit the same.

Considering the nature of accusation, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Daudnagar, Aurangabad, in connection with Obra P.S. Case No.50/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners shall be accepted on filing of the affidavit by the petitioners before the learned court below to the effect that they will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioners will give liberty to the learned court below to cancel the bail bonds of the petitioners.

(Dinesh Kumar Singh, J) Ashwini/- U T