Rajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55726 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -WAINA District- NALANDA (BIHARSHARIFF) ====================================================== Rajendra Prasad, Son of Late Sheonandan Mahto, resident of VillageSeema, P.S. Silao, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------- 30-11-2017 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ben P.S. Case No.94 of 2017 registered under Sections 420, 467, 468, 471 and 120(B)/34 of the Indian Penal Code. The accusation is that in the light of the order of the Patna High Court regarding the irregularities committed in the appointment of Panchayat Teachers in different Panchayats, the Panchayat Secretary of Gram Panchayat Raj-Maijara was asked to submit the files and folders regarding the appointment of

Patna High Court Cr.Misc. No.55726 of 2017 (2) dt.30-11-2017 2/3 Panchayat Teachers in the said Panchayat in the year 2006 but in spite of repeated reminders, the same was not supplied by the Pacnahayat Secretary of the Gram Panchayat Raj-Maijara. Learned counsel for the petitioner submits that, in fact, the petitioner was the Incharge of Panchayat Secretary of Gram Panchayat Raj-Maijara in between 20.07.2009 to 20.12.2009 and he handed over the charge to Brajbhushan Pandey. Thereafter, Dinesh Trivedi became the Panchayat Secretary of the Gram Panchayat Raj-Maijara, who informed on communication that charge was not handed over to him by Brajbhushan Pandey due to his death. As such, the petitioner was not the Panchayat Secretary of the Gram Panchayat Raj-Maijara at the time of appointment of appointment of Panachayat Teachers nor at the time issuing letter for furnishing the files and folders regarding the appointment of Panchayat Teachers.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Prabhakar Jha, Judicial Magistrate, First Class, Bihar Sharif, Nalanda, in connection with Ben P.S. Case No.94 of 2017, subject

Patna High Court Cr.Misc. No.55726 of 2017 (2) dt.30-11-2017 3/3 to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T