Nawal Kishore Pathak v. The State Of Bihar

Patna High Court Cr.Misc. No.7814 of 2017 (2) dt.23-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7814 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -KARPI District- JEHANABAD ====================================================== Nawal Kishore Pathak, Son of Sri Dudheswar Pathak, resident of village - Barsima, P.S. Alipur, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Karpi (Sahar Telpa) P.S. Case No. 144 of 2016 registered under Sections 420,467, 468, 471, 472/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner took charge of Keyal Gram Panchayat on 25.02.2016 thereafter, he submitted the documents of Teachers' appointment of the year 2003 to 2006 of Kayal Gram Panchayat in the office of BEO, Karpi on 13.03.2016 copy of the documents is annexed as Annexure 4 to the petition. Earlier the petitioner was in-charge of Bambhai Gram Panchayat and he took the charge on 04.02.2016 the copy of charge is annexed as Annexure 2 to the petition, and despite the petitioner took charge as Panchayat Secretary of Bambhai Panchayat, the folder file of Teacher Niojan of the years 2003, 2005, 2006 and 2012 was not available

Patna High Court Cr.Misc. No.7814 of 2017 (2) dt.23-02-2017 to him by the then Panchayat Secretary. The petitioner submitted folder file of the years 2003, 2005, 2006 and 2013 along with other registers regarding appointment of teachers in the office of BEO, Karpi on 10.02.2016 which has been received on 11.02.2016, copy of same has been annexed as Annexure 3 to the petition. Hence no offence is made out.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Arwal in connection with Karpi (Sahar Telpa) P.S. Case No. 144 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Arvind Srivastava, J) Prakash/- U T