Shailendra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17322 of 2017 Arising Out of PS.Case No. -204 Year- 2016 Thana -KURTHA District- JEHANABAD ====================================================== Shailendra Kumar, Son of Sri Rajendra Prasad, Resident of Village- Arwal Sipah, P.S.- Arwal, District- Arwal.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Vigilance Investigation Bureau Bihar, Patna. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Arvind Prasad Singh, Advocate.

For the Opposite Party : Mr. Chandrasen Prasad Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-07-2017 Heard both sides.

The petitioner apprehends his arrest in Kurtha P.S. Case No. 204 of 2016 registered for the offences punishable under Sections 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

The gist of the allegation is that three persons are appointed as teachers in the name of one Bindu Kumari at three different places having one TET mark sheet.

Learned counsel for the petitioner submits that the petitioner is a Panchayat Secretary of a Gram Panchayat. The petitioner is not at all entitled to verify the educational certificates of any teachers. The petitioner is custodian of the records of the Panchayat. The Block Education Officer was entrusted to verify

Patna High Court Cr.Misc. No.17322 of 2017 (3) dt.05-07-2017 2/2 the educational qualification of the candidates of teachers and the Block Education Officer has not been made accused. A notification to this effect was issued on 22.06.2012 and on this ground Manju Kumari, Mukhiya of the Gram Panchayat has already been enlarged on anticipatory bail vide order dated 01.07.2017 passed in Cr. Misc. No. 29067 of 2017. Considering the facts that the petitioner being Panchayat Secretary was not entrusted to verify the educational qualification of the candidates to be appointed on the post of teachers, the petitioner above named in the event of his arrest or surrender before the court below within a period of four 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 satisfaction of learned Chief Judicial Magistrate, Arwal in Kurtha P.S. Case No. 204 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T