Surendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23391 of 2016 Arising Out of PS.Case No. -67 Year- 2016 Thana -CIVIL LINE District- GAYA ====================================================== Surendra Paswan Son of Late Jagdish Paswan resident of village - Ramnagar, P.S. Tekari, District Gaya At Present Panchayat Secretary of Kari Jamuawan, Karjara Panchayat, Block Wazirganj, P.S. Wazirganj, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar Singh For the Opposite Party/s : Mr. P.K.Chaurasiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 175, 188, 477 and 420 of the Indian Penal Code.

The prosecution case is that the vigilance enquiry was initiated in pursuance to an order of a Division Bench of this Court passed in a PIL with regard to illegal appointment of Panchayat teachers, consequently investigating agency directed all the Panchayat Secretaries to submit folders

Patna High Court Cr.Misc. No.23391 of 2016 (2) dt.24-05-2016 2/3 confirming educational certificates all the teachers who were appointed but the petitioner failed to submit the same. It is submitted by learned counsel for the petitioner that the petitioner went to submit all the relevant documents on 15.02.2016 but it was not accepted by the block office simply on the ground that they are not free, which gets reflected from the D.O. letter bearing No. 539/General dated 12.04.2016 of Block Development Officer, Wazirganj and subsequently through registered post all the relevant documents were transmitted to the concerned authority.

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 Chief Judicial Magistrate, Gaya in connection with Civil Lines P.S. Case No. 67 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-

Patna High Court Cr.Misc. No.23391 of 2016 (2) dt.24-05-2016 3/3 cooperation in investigation will give liberty to the learned court below to cancel the bail bonds of the petitioner. (Dinesh Kumar Singh, J) DKS/- U T