Shree Kant Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52391 of 2019 Arising Out of PS. Case No.-75 Year-2018 Thana- CHAKAI District- Jamui ====================================================== 1.

Shree Kant Tiwari, Son of Late Jaggrnath Tiwari, Resident of VillageParmanpur, P.S. Dabath, District- Rohtas (Shasharam), at present Panchayat Secretary posted at Chakai Block, P.S. Chakai, District- Jamui. 2.

Nuneshwar Mandal @ Bhuneshwar Mandal, Son of Late Parmeshwar Mandal Resident of Village and P.O. Chawra, P.S. and District- Jamui at present Panchayat Sachiv posted in Chakai Block, P.S. Chakai, DistrictJamui. 3.

Jaynarayan Das, Son of Late Doman Das, Resident of Village- Custar Town, B- Deohar, P.S. and District- Deoghar, State Jharkhand at Present retired from Panchayat Sachiv in Chakai Block, P.S. Chakai, District- Jamui. 4.

Ranjan Kumar @ Niranjan Kumar, Son of Deo Kumar Manda, Resident of Village- Kolwara, P.S. Parwatt, District- Khagaria, at present posted as Panchayat Sachiv in Chakai Block, P.S. Chakai, District- Jamui. 5.

Manoj Kumar Rajak, Son of Narayan Rajak, Resident of Village- Thamhan, P.S. Charkapathar (Sono), District- Jamui, at present Panchayat Sachiv in Chakai Block, P.S. Chakai, District- Jamui.

6.

Arjun Yadav, Son of Late Banbari Yadav, Resident of Village- Tahwa, P.S. Jhajha, District- Jamui, at present Panchayat Sachiv Posted in Chakai Block, P.S. Chakai, District- Jamui.

7.

Rajendra Yadav, Son of Late Debu Yadav, Resident of Village- Domamarhar, P.S. Laxmipur, District- Jamui, at present Panchayat Sachiv Posted in Chakai Block, P.S. Chakai, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Mahto, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2019 This is an application for grant of anticipatory bail in connection with Chakai P.S. Case No. 75 of 2018, disclosing offences under Sections 409 and 353 of IPC.

Petitioners are Panchayat Secretaries. Allegations

Patna High Court CR. MISC. No.52391 of 2019(2) dt.22-08-2019 2/3 against the petitioners in nutshell is that they have noticed to produce the register relating to appointment of the Teachers, but they have not produced the same.

Submission of learned counsel for the petitioners is that some of the petitioners have already handed over the register and they have receipts with respect to the same and some of them have not received the register on their transfer from other place and as such, they are not in possession to handover the register.

Heard learned APP also.

Having heard both sides, in view of the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioners, above named, surrender before the learned court below within a period of two weeks from the date of receipt of the copy of this order and on surrender, they will be released on bail to the satisfaction of the learned court below itself on condition that they will appear before the District Education Officer and produced all the papers or explanation for not handed over those registers to the District Education Officer, who after examining the same, if not satisfied with the explanation or he came to the conclusion that they have not handed over the registers as claimed by him, he is

Patna High Court CR. MISC. No.52391 of 2019(2) dt.22-08-2019 3/3 at liberty to move for cancellation of bail bonds of the petitioners before the learned court below itself. (Vinod Kumar Sinha, J) Sunil Shukla/- U