Bhikhari Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.53178 of 2016 (3) dt.09-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53178 of 2016 Arising Out of PS.Case No. -197 Year- 2016 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Bhikhari Rai, son of late Saryug Rai, resident of village Mithanpura, P.S. - Kanti, District - Muzaffarpur.

2. Shiv Shankar Prasad, son of late Muneshwar Prasad, resident of village - Godhani, P.S. - Maniyari, District - Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bela Singh, Advocate. For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Paroo P.S. Case No. 197 of 2016 registered under Section 409/34 of the Indian Penal Code.

The accusation is that both the petitioners being the Panchayat Secretary of Bhagwanpur Simra and Raghunathpur did not deposit the folder regarding appointment of panchayat teachers of their tenure in the department in spite of direction of the department.

Learned counsel for the petitioners submits that petitioner no. 1 has deposited the folder of appointment of

Patna High Court Cr.Misc. No.53178 of 2016 (3) dt.09-01-2017 panchayat teachers of Panchayat Bhagwanpur, Simra on 10.09.2016 and petitioner no. 2 has also submitted his report regarding folder of appointment of panchayat teachers of Panchayat Raghunathpur which would appear from the certificate issued by the B.E.O., Paroo, Muzaffarpur, annexures 3 and 2 of the supplementary affidavit.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Muzaffarpur, in connection with Paroo P.S. Case No. 197 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