Upendra Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.24121 of 2016 (2) dt.30-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24121 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Upendra Singh Son of Late Anup Singh, Resident of Village Pitaunjhiya, Police Station Gogri, District Khagaria at present Gram Panchayat Sachiv, Gram Panchayat Raj Kabela, Police Station Parbatta, District Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. L.K. Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420/ 120B/201/34 of the Indian Penal Code.

The prosecution case is that the vigilance enquiry was initiated in pursuance to an order passed by a Division Bench of this Court in a PIL with regard to illegal appointment of Panchayat teachers, consequently investigating agency directed all the Panchayat Secretaries to submit folders containing educational certificates of all the teachers who were appointed but the petitioner failed to submit the same. It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.24121 of 2016 (2) dt.30-05-2016 the petitioner on 19.06.2015 submitted the required documents and folder to Block Education Officer, Chautham. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of 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) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Khagaria in connection with Parbatta P.S. Case No. 51 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner will be accepted by the learned court below on filing affidavit to the effect that he will co-operate in the investigation. The non- cooperation in investigation will give liberty to the learned court below to cancel the bail bonds of the petitioner.

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