Shailendra Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23787 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -DINARA District- SASARAM (ROHTAS) ====================================================== Shailendra Kumar Son of late Janardan Chaudhary Resident of VillageUdaypur, Police Station Sanjahuay, District Rohtas at Sasaram. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ramji Rai Son of late Jawala Rai the block Education Officer Dinara District Rohtas.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Roy For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-05-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409, 420 and 201/34 of the Indian Penal Code.
The prosecution case is that the vigilance enquiry was initiated in pursuance to an order of a Division Bench of this Court in a PIL with regard to illegal appointment of Panchayat teachers, consequently investigating agency directed all the Panchayat Secretaries to submit folders and confirming educational certificates of all the teachers who were appointed but the petitioner failed to submit the same.
Patna High Court Cr.Misc. No.23787 of 2016 (2) dt.26-05-2016 2/3 It is submitted by learned counsel for the petitioner that the petitioner submitted the documents in the office of Block Education Officer on 02.01.2016, statement to that effect has been made in paragraph 12 of the petition, which reads as follows:- "That later on when the directions were issued by the authorities to provide the folder relating to Teachers Appointment petitioner has submitted received folder of Saisar Gram Panchayat in the office of Block Education Officer Dinara on 02.01.2016 as also annexing the photo copy of the handing over of the charge list whenever the documents which was received by the petitioner the same has been submitted."
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Bikramganj in connection with Dinara P.S. Case No. 52 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The bail bonds of the petitioner will be accepted by the learned court below on filing affidavit to the
Patna High Court Cr.Misc. No.23787 of 2016 (2) dt.26-05-2016 3/3 effect that he will co-operate in the investigation. The noncooperation in investigation will give liberty to the learned court below to cancel the bail bonds of the petitioner. (Dinesh Kumar Singh, J) DKS/- U T