Santosh Kumar @ Santosh Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36286 of 2018 Arising Out of PS.Case No. -43 Year- 2017 Thana -SARAI RANJAN District- SAMASTIPUR ====================================================== Santosh Kumar @ Santosh Patel S/o Late Birendra Kumar Rai Resident of at Mubarakpur, P.O. Gangapur, P.S. Musaridharai, District - Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Kaushik, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks pre-arrest bail in connection with Sarai Ranjan P. S. Case No.43 of 2017 registered under Sections 406, 409, 420, 419, 465, 467 and 468 read with 34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the petitioner had got nothing to do with the appointment of Multan as Education Volunteer either at Primary Education, Dwarikapur or at Primary Education, Ahmadpur. The petitioner being a Block Programme Co-ordinator appointed in the year 2011 for a consolidated monthly honorarium of Rs.3000/- had

Patna High Court Cr.Misc. No.36286 of 2018 (2) dt.04-07-2018 2/3 got no authority to appoint any Educational Volunteer. As per the procedure prescribed, the appointment was to be made by a committee of seven members of which the Pramukh happens to be the Chairman and the Block Education Officer as Secretary of the Committee. The Committee also includes the Headmaster, Chairman or Secretary of the School Education Samiti and Ward Member or Ward Commissioner. The petitioner himself being on a temporary post had absolutely no role to play in the appointment of Education Volunteer. On the other hand, learned counsel for the State submitted that in the first information report, it has been alleged that the petitioner conspired together with Multan whose appointment was fake.

I have heard learned counsel for the parties. Considering the nature of allegation made in the FIR and the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VI, Samastipur in Sarai Ranjan P. S. Case No.43 of 2017, subject to the

Patna High Court Cr.Misc. No.36286 of 2018 (2) dt.04-07-2018 3/3 conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Kanchan/- U T