Raj Ballabh Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30416 of 2017 Arising Out of PS.Case No. -242 Year- 2016 Thana -ARWAL District- JEHANABAD ======================================================

1. Raj Ballabh Sharma, S/o late Sakal Singh (The then panchayat Secretary of Gram Panchyat Nidhwa) R/o bandhubanj. P.S.-Ghoshi, Dist.-Jehanabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director, Vigilance, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 419/420 /467/468/471/120(B) of the Indian Penal Code Learned counsel for the petitioner submits that the entire allegations against this petitioner is based on the fact that he was the concerned Panchayat Secretary of the Gram Panchayat Nidhwa where the said Ankita Bharti had obtained an appointment after using certain certificates which had also been used by another Ankita Bharti in another Panchayat, namely, Fakharpur Gram Panchayat of the Arwal district. It is submitted that this petitioner had the appointment of the said Ankita Bharti on the basis of the certificate produced by them and they have no role to play. First

Patna High Court Cr.Misc. No.30416 of 2017 (3) dt.20-07-2017 P2/2 Information Report itself does not speak of any collusion between the parties for the purposes of appointment. However, only because he was the Panchayat Secretary of the concerned Gram Panchayat where the members of the selection committee had approved the appointment of Ankita Bharti, the name of this petitioner has been dragged in.

Considering the entire facts and circumstances of the case and that no case is made out against this petitioner on the face of the First Information Report, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 242/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T