Patna High CourtCR. MISC./56406/2019allowed

Chandeshwar Bhagat v. The State Of Bihar

2019-09-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56406 of 2019 Arising Out of PS. Case No.-58 Year-2017 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== CHANDESHWAR BHAGAT Son of Late Kodai Bhagat Resident of VillageBakatpur, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.II For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2019 Heard both sides.

The petitioner apprehends his arrest in Kanti P.S. case No. 58 of 2017 registered under Section 467, 468, 471, 420, 120B of the IPC.

The informant, Block Education Officer, alleged that four persons, namely, Smt. Gita Kumari, Sri Vikash Kumar, Sri Brahmdeo Sahni and Sri Bhikhari Baitha were appointed on the post of Panchayat Teacher on the basis of forged educational and TET certificates.

The learned counsel for the petitioner submits that petitioner is Ward Member of the Panchayat but he has been made accused in the case only because he was Ward Member although the petitioner as Ward Member has no role in the

Patna High Court CR. MISC. No.56406 of 2019(2) dt.09-09-2019 2/2 appointment of Panchayat Teachers. Verification of certificates of educational qualification was entrusted to the Block Education Officer and Mukhiya and Panchayat Secretary were members of the appointment committee.

Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to 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 learned Sub divisional Judicial Magistrate (West), Muzaffarpur in connection with Kanti P.S. case No. 58 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T