Prem Kumar Pugalia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37551 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -TRIVENIGANJ District- SUPAUL ======================================================
1. Prem Kumar Pugalia son of Gyanchand Das resident of village + Post - Bhadaul, P.S. - Madhepura, District - Madhepura..... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. S. Ehteshamuddin, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends arrest in connection with Triveniganj P.S.Case No. 34 of 2016 for offences alleged under Sections 406, 409 and 217/34 of the Indian Penal Code. The prosecution case as lodged by one Block Education Officer, Triveniganj is that in pursuance to the Vigilance having registered case in compliance of the order of this Court in another matter wherein large illegalities were detected for appointment of Panchayat Teachers in various Gram Panchayats throughout the State from 2005 onwards. The allegation is that the petitioner being the Panchayat Secretary of Daprawa Gram Panchayat had not handed over one folder of the appointed Panchayat Teacher of the year 2006 and onwards till date but rest 21 out of 22 has been handed over by him to the Block Education Officer, Triveniganj. It is further alleged that one remaining folder of Panchayat Teacher, Manoj Kumar Raushan
Patna High Court Cr.Misc. No.37551 of 2016 (2) dt.29-09-2016 2/3 was not handed over, who has already resigned on 08.07.2015, which is Annexure-3 of this application. He thus submits that he has returned all the folders of the appointed Panchayat Teachers and having taken charge of the said Gram Panchayat in the year 2009 there is no folder remaining with him.
However, learned APP for the State Submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since the petitioner has deposited all folders of appointed Panchayat teachers as a Panchayat Secretary. Holding a Government post, he undertakes to co-operate with the investigation and provide all necessary papers to the Vigilance Department as available with him as and when required, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Supaul in connection with Triveniganj P.S.Case No. 34/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J) Sudha/- U T
Patna High Court Cr.Misc. No.37551 of 2016 (2) dt.29-09-2016 3/3