Sri Bhagwan Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14704 of 2018 Arising Out of PS.Case No. -73 Year- 2017 Thana -VIGILANCE District- PATNA ======================================================

1. Sri Bhagwan Ram S/o Ghurhu Ram, R/o Village- Pawani, P.S.- Nasriganj, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director Vigilance, Bihar, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2018 The petitioner is apprehending his arrest in connection with Special Case No. 259/17 read with Vigilance P.S. Case No. 73/2017, registered for offences punishable under Sections 420, 120B I.P.C. and Sec. 13(2) read with 13(1)(d) P.C. Act Allegation against the petitioner is getting appointment as a contract teacher in connivance with other accused persons though he had less marks.

It has been submitted on behalf of the petitioner petitioner's appointment has been challenged in the District Teachers Employment Appellate Authority and the said Appellate Authority has not found any illegality in the appointment of the petitioner. Further the petitioner cannot be held responsible for the act of others and for the reason that other persons did not take part

Patna High Court Cr.Misc. No.14704 of 2018 (3) dt.24-04-2018 2/2 in the counseling and the petitioner has no role to play in his appointment and he is still continuing on the post of teacher. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and as the investigation is still going on, this application is disposed of with direction to the petitioner to surrender before the court below within a period of four weeks and on his surrender the court below shall release the petitioner on provisional bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the concerned court below, till submission of charge-sheet with condition that he will cooperate in the investigation and once charge-sheet is submitted and if there is material against the petitioner, he shall have to surrender before the court below and has to pray for regular bail, which will be considered by the court below on the basis of materials available at that time.

With the above direction, this application is disposed of. (Vinod Kumar Sinha, J) sunil/- U T