Sabir Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59621 of 2019 Arising Out of PS. Case No.-170 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== SABIR AHMAD, S/o Late SK. Mubarak R/o village- Laxmipur, P.S.- Nautan, Distt.- West Champaran.

... ... Petitioner

Versus

1.

The State of Bihar 2.

State of Bihar through Vigilance Investigation Beurau, Muzaffarpur Range, Muzaffarpur Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate, Mr.Amresh Kumar Sinha, Advocate, Ms. Preety Kunwar, Advocate For the informant :

Mr. Anjani Kumar, (LOINC Vigilance) Mr. Sanjay Prasad, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2019 Heard learned counsel appearing on behalf of petitioner, learned counsel appearing on behalf of informant and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nautan P.S. Case no. 170 of 2019, registered under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

The accusation is that in course of inquiry regarding appointment of panchayat teacher of Nautan West Panchayat of second phase teacher employment 2008, it was detected that at serial No. 16 the name of Khairun Nesha was

Patna High Court CR. MISC. No.59621 of 2019(2) dt.20-09-2019 2/3 detailed as selected candidate as panchayat teacher, but she did not join in Nautan panchayat as teacher due to her appointment in other panchayat. Thereafter, on the order of District Teacher Employment Appellate Tribunal, West Champaran in Case No. 525 of 2010 regarding appointment of Panchayat Teacher Pradeep Kumar Pandey, the then Panchayat Mukhiya Hasina Khatoon the then Panchayat Secretary Vidya Nand Ram, then then Up Mukhiya Raj Kumar Singh and the then Panchayat Committee Kashilal Prasad prepared merit list on the basis of forged Intermediate certificate of Pradeep Kumar Pandey appointed him as Panchayat Teacher. In course of investigation, the name of petitioner also surfaced being the member of the Ward Panchayat.

Learned counsel for the petitioner submits that, in fact, the responsibility of appointment of Panchayat teacher is only upon Mukhiya and Panchayat Secretary, but with ulterior motive, the petitioner, who is member of the ward has also been implicated in this case. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.59621 of 2019(2) dt.20-09-2019 3/3 within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah in connection with Nautan P.S. Case No. 170 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T