Patna High CourtCR. MISC./46494/2014bail granted

Kanhaiya Ram v. The State Of Bihar

2015-04-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46494 of 2014 Arising Out of PS.Case No. -33 Year- 2013 Thana -CHAND District- BHABHUA (KAIMUR) ====================================================== Kanhaiya Ram Son of Late Mukhdeo Ram the then, Panchayat Secretary, Shivrampur, Block + Police Station - Chand, District - Kaimur and presently posted as Suspended Panchayat Secretary, Head Quarter Office - Adhoura Block, District- Kaimur, Having resident of village - Hardaspur, Police Station - Kudra, District- Kaimur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pathak For the Opposite Party/s : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 24-04-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the Panchayat Secretary is apprehending his arrest in a case registered for the offences punishable under Sections 420/34 of the Indian Penal Code.

The prosecution case is that in pursuance to the direction given in C.W.J.C. No. 5362 of 2012 and during enquiry found appointment of two Panchayat teachers namely, Bandana Kumari and Premlata Kumari as illegal. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.46494 of 2014 (04) dt.24-04-2015 2/2 petitioner that the appellate authority held the appointment of such teachers as valid and they are still working. The order has been brought on record as Annexure-3 through supplementary affidavit and both those teachers have been granted anticipatory bail vide Cr. Misc. No. 25615 of 2014.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chand P.S. Case No. 33 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T