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Patna High CourtCR. MISC./23436/2016bail granted

Sanullah Ansari @ Sanaullah Ansari v. The State Of Bihar

2016-05-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23436 of 2016 Arising Out of PS.Case No. -64 Year- 2016 Thana -RAJPUR District- BUXAR ======================================================

1. Sanullah Ansari, Son of Wahiullah Ansari, Resident of Mohalla-Nai Bazar, Ward No. 6 Police Station-Buxar (T), District-Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-05-2016 Petitioner being panchayat secretary is apprehending his arrest in a case registered for the offences punishable under Sections 406, 409, 420 of the Indian Penal Code.

The prosecution case is that in pursuance to an order passed in a PIL by a Division Bench of this Court, the vigilance enquiry was initiated with regard to the irregularities in appointments of panchayat teachers. Consequently the investigating agency intimated to all the panchayat secretaries to submit the folders with regard to such appointed panchayat teachers in a stipulated time frame. The petitioner being panchayat secretary failed to submit the folders of panchayat teachers within stipulated period of time.

It is submitted by learned counsel for the petitioner that petitioner retired from the post of panchayat

Patna High Court Cr.Misc. No.23436 of 2016 (2) dt.25-05-2016 2/2 secretary on 28.02.2010 much prior to the initiation of vigilance enquiry.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the nature of accusation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VII, Buxar in connection with Rajpur P.S. Case No. 64 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted on filing affidavit to the effect that he will cooperate in the investigation. Non-cooperation in the investigation will give liberty to the learned Court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Shageer/- U T