Sk. Shamsuzzama @ Samushuljama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62499 of 2019 Arising Out of PS. Case No.-170 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== SK. SHAMSUZZAMA @ SAMUSHULJAMA, aged about 61 years, Male, Son of Sk. Samsuddin, Resident of Village - Santpur, P.S.- Nautan, Dist.- West Champaran at Bettiah ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

The S.P., Vigilance Investigation Bureau, Muzaffarpur Range, Muzaffarpur, Bihar ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

M/s Pramod Kumar Singh, Md. Mohammad Sufiyan & Thakur Brajesh Singh, Advs.

For the Opposite Parties :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner, the learned counsel for the informant/opposite party no. 2 and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Nautan P.S. Case No. 170 of 2019 registered under Sections 420, 467, 468, 471 and 120B 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 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

Patna High Court CR. MISC. No.62499 of 2019(2) dt.17-10-2019 2/3 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, 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.

The learned counsel appearing on behalf of the petitioner submits that in fact the responsibility of appointment of Panchayat Teacher is only upon the Panchayat Mukhiya and Panchayat Secretary, but, with ulterior motive, petitioner being the member of the ward has also been implicated in this case. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Nautan P.S. Case No. 170 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at

Patna High Court CR. MISC. No.62499 of 2019(2) dt.17-10-2019 3/3 Bettiah, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T