Sanjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30515 of 2018 Arising Out of PS.Case No. -20 Year- 2016 Thana -MAHESHKHUNT District- KHAGARIA ======================================================

1. Sanjay Kumar S/o Late Ambika Prasad Yadav, R/o VPO Lagar, P.S.- Parbatta, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Vigilance Department , Patna.

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

For the Petitioner/s : Mr. Prabhat Kumar Dipak For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Special Case No. 332 of 2017/ 10 of 2016 arising out of Maheshkhunt (Khagaria) P.S Case No. 20 of 2016 registered for offences punishable under Sections 420/201/120(B) of Indian Penal Code and 13(2) (D) of P.C Act.

Petitioner is Ex-Secretary of the Gram Panchayat Raj, Jhitkia and allegation against him is that in spite of direction and reminders, he has not submitted file/folders relating to employment of teachers in his Panchayat.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and there was no appointment of contract teachers during his tenure from 04.03.2015 to 05.10.2015, when he was posted as Secretary of the

Patna High Court Cr.Misc. No.30515 of 2018 (2) dt.04-06-2018 2/2 Gram Panchayat Raj, Jhitkia. It has further been submitted that the person, who was working as Secretary in the said Gram Panchayat earlier to the petitioner, has not handed over him any folder with regard to selection / appointment of teachers. It has also been submitted that other co-accused having similar allegation has already been granted the privilege of anticipatory bail by this Court vide order dated 08.12.2017 passed in Cr. Misc. No. 50748 of 2017.

Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Patna in connection with Special Case No. 332 of 2017/ 10 of 2016 arising out of Maheshkhunt (Khagaria) P.S Case No. 20 of 2016, subject to the conditions as laid down under Sections 420/201/120(B) of Indian Penal Code and 13(2) (D) of P.C Act.

(Arvind Srivastava, J) sunil/- U T