Shiv Shankar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16234 of 2017 Arising Out of PS.Case No. -27 Year- 2016 Thana -BAGENGOLA District- BUXAR ====================================================== Shiv Shankar Pandey, son of Late Dinanath Pandey, Resident of VillageJagadara, Police Station- Buxar (Industrial), District- Buxar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nawnit Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-04-2017 Heard both sides.

The petitioner apprehends his arrest in Bagen Gola P.S. Case No. 27/2016, registered for the offences punishable under Sections 409, 420 of the Indian Penal Code. The informant alleged that the petitioner was Panchayat Secretary of Bagen Gola, but he did not hand over the folders and registers with regard to appointment of Panchayat Teachers from the year 2003-2012.

Learned counsel for the petitioner submits that the petitioner joined in Bagen Gola gram panchayat in the month of June, 2014 and he submitted the registers and folders with regard to appointment of Panchayat Teachers appointed in the year 2006, 2008 and 2012 vide annexure -2. The petitioner informed the

Patna High Court Cr.Misc. No.16234 of 2017 (2) dt.28-04-2017 2/2 Block Education Officer, Brahampur, Buxar that he did not receive any documents with regard to appointment of Panchayat Teachers during the year 2003 to 2005. Surendra Mallah was Panchayat Secretary for the year 2003 to 2005 and thereafter Deo Muni Ram was Panchayat Secretary for the year 2006 to 2011. Lal Saheb Singh was the Panchayat Secretary from 2012-2014.

Considering the facts aforesaid and the fact that the petitioner was not Panchayat Secretary of Bagen Gola during the year 2003-2005 and he received the records and other documents with regard to appointment of Panchayat Teachers from the year 2006-12 at the time of taking over charge from his predecessor and all those documents were given to the Block Education Officer, Brahampur, Buxar, 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 Chief Judicial Magistrate, Buxar in connection with Bagen Gola P.S. Case No.

27/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.)