Harendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48979 of 2018 Arising Out of PS.Case No. -363 Year- 2016 Thana -MARHAURA District- SARAN ====================================================== Harendra Ram, son of Rudal Ram, resident of Village- Padmoul, P.S.- Panapur, District- Saran at Chapra.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409/477/201/120B/34 of the Indian Penal Code. The petitioner was Panchayat Secretary at the relevant time and allegation is that he has committed some irregularity in appointment of teachers.

Submission of the learned counsel for the petitioner is that the appointment was made by a committee and not fully by the petitioner. Main allegation is that the papers relating to appointment and documents of qualification of the appointed candidates were not furnished to the authority on

Patna High Court Cr.Misc. No.48979 of 2018 (6) dt.11-10-2018 P2/ demand.

Submission is that the petitioner has already made over charge on 24.01.2013 to his successor vide charge report at Annexure-2 to the supplementary affidavit. Item-5 would show that the register relating to appointment of teachers was also handed over.

Considering the facts of this case aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Marhaura Police Station Case No. 363 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./R.RanjanU T