Kailash Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.33257 of 2016 (2) dt.20-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33257 of 2016 Arising Out of PS.Case No. -88 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Kailash Paswan, son of Late Ram Lakhan Paswan, Resident of villageBabalipur, Police Station- Ghosi (Okari), District- Jehanabad. At present Panchayat Sevak, Gram Panchayat Ahiyasa, Police Station/ Anchal- Ghosi, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Narayan Singh, Advocate. For the Opposite Party/s : Mr. Sri Ahtash Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ghosi P.S. Case No. 88 of 2016 registered under Section 409 of the Indian Penal Code.

The accusation is that in spite of the direction of the District Programme Officer, Jehanabad, the petitioner being Secretary of Ahiyasa, Ghoshi Block and other secretaries did not supply the education and training certificate of Panchiyat Teachers, who were appointed in the years 2003-2006, 2008-2010 and 2012.

Learned counsel for the petitioner submits that, in fact, the petitioner had joined as Panchayat Secretary of Ahiyasa on

Patna High Court Cr.Misc. No.33257 of 2016 (2) dt.20-08-2016 09.07.2014 and the then Panchayat Secretary, Lalchand Prasad Mandal had not handed over the charge regarding papers of appointment of teachers and this petitioner also sent a letter on 18.02.2016 to the District Programme Officer, Jehanabad in that regard prior to the lodging of the present case. It is further submitted that similarly situated co-accused, Devendra Sharma @ Devendra Kumar, has already been granted privilege of anticipatory bail by a bench of this Court vide order dated 05.07.2016 passed in Criminal Misc. No. 26331 of 2016.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of four arrest or surrender before the learned Court below within a period of six 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 the Learned Chief Judicial Magistrate, Jehanabad, in connection with Ghosi P.S. Case No. 88 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T