Ashok Ram v. The State Of Bihar Through Vigilance Department, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28238 of 2017 Arising Out of PS.Case No. -119 Year- 2016 Thana -KHAIRA District- SARAN ====================================================== Ashok Ram, Son of Late Mahesh Ram, resident of Village- Derni Sutihar, P.S.- Derni, District- Saran.

.... .... Petitioner.

Versus

The State of Bihar through Vigilance Department, Patna .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Ajay Kr Singh No.1, Advocate. For the Vigilance Department : Mr. Amresh Kumar, Advocate. AC to Law Officer, Vigilance.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 14-09-2017 Heard.

The petitioner apprehends his arrest in connection with Khaira (Saran) P.S. Case No.119 of 2016/Special Case No.34 of 2016 registered under Sections 420, 120(B) and 201 of the Indian Penal Code besides Section 13(2) of the P.C. Act.

The accusation is that in course of investigation regarding the appointment of the Panchayat Teachers by the Vigilance Department, the District Programme Officer, Saran at Chapra, had given direction to the different Panchayat Secretaries of the different Panchayats including the petitioner to submit the records and registers regarding the appointment of the Panchayat Teachers but the petitioner did not submit the same.

Learned counsel appearing on behalf of the petitioner submits

Patna High Court Cr.Misc. No.28238 of 2017 (4) dt.14-09-2017 2/2 that, in fact, the petitioner was the Panchayat Secretary of Gram Panchayat-Dhrupnagar Dhobbal, but he was transferred from that Panchayat in the year 2008 and handed over the charge to Kanhaiya Ram, Jan Sewak on 12.11.2008, which would appear from Annexure-3 to this application, in which all the relevant documents regarding the appointment of Panchayat Teachers from the year 2003 to 2006 (from serial nos.35 to 51) have been detailed. As such, the petitioner has not disobeyed any direction of the concerned officials as at the time of issuing letter, he had already handed over the charge of the Panchayat Secretary of Gram Panchayat, Dhrupnagar Dhobbal to Kanhaiya Ram, Jan Sewak.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Khaira (Saran) P.S. Case No.119 of 2016/Special Case No.34 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T