Manoj Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25728 of 2015 Arising Out of PS.Case No. -82 Year- 2015 Thana -BRAHMPUR District- BUXAR ====================================================== Manoj Kumar Thakur Son of Dharam Raj Thakur Resident of VillageGayghat, Police Station- Brahmpur, District- Buxar , Presently Posted as Block Teacher at Middle School , Chappra, Block - Brahmpur, DistrictBuxar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar Roy, Advocate.

For the Opposite Party : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 467, 471, 420 and 34 of the Indian Penal Code.

The informant alleged that by the order of the District Magistrate the present case is lodged for committing illegality in the appointment of block teachers in Brahmpur Panchayat. It is submitted that the FIR only indicates that the petitioner alongwith other accused persons committed illegality in the appointment of block teachers, but from perusal of Annexure-2 series at page 36 it would appear that the petitioner Manoj Kumar Thakur was deputed on the counter to receive the application forms. From perusal of the order of the Block Development

Patna High Court Cr.Misc. No.25728 of 2015 (2) dt.17-07-2015 2/2 Officer, Annexure-2 series at page 37, it would appear that Bishwamitra Singh, BRP, Block Resources Centre, Md. Ashfaque Hussain, assistant teacher, primary school, Ramgarh, Srimati Rashmi Sinha, Block Gender Coordinator, Block Resources Centre, Brahmpur, Raj Kumar Srivastava, assistant teacher, Pandeypur were directed to prepare the merit list in transparent and impartial manner. On perusal of page 38 of the same Annexure-2 series, the petitioner was deputed on the counter, if anyone did not attend his duty on any counter, therefore, the petitioner cannot be held responsible for any illegality or irregularity committed in the appointment of teachers.

Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in Brahmpur P.S. Case No. 82 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.)