Manmohan Pandey v. The State Of Bihar

Patna High Court Cr.Misc. No.56688 of 2017 (2) dt.07-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56688 of 2017 Arising Out of PS.Case No. -241 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Manmohan Pandey, son of late Pashupati Pandey, resident of village - Patilar, Police Station - Chautarwa, District - West Champaran at present Panchayat Secretary, Gram Panchayat Raj Bhasurahi and Hardi Terha, Block Narkatiaganj, District - West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Shikarpur P.S. Case No. 241 of 2016, registered under Sections 409, 420 and 188/34 of the Indian Penal Code. The accusation is that in course of Vigilance inquiry regarding illegality committed in the appointment of Panchayat teachers since 2006, the informant being the Block Education Officer, Narkatiyaganj, send the letter to 11 Panchayats including the Bhasurrahi and Hardi Tenda Panchayats, of which, petitioner is Secretary, to furnish the files and folders with regard to the appointment of Panchayat teachers, but the same were not furnished by the petitioner.

Patna High Court Cr.Misc. No.56688 of 2017 (2) dt.07-12-2017 Learned counsel for the petitioner submits that after receiving the letter of Block Education Officer, Narkatiyaganj, the petitioner gave an application on 07.04.2016 to the Block Education Officer, Narkatiyaganj, regarding appointment of Panchayat teachers saying that he was not handed over the charge by his successor, Nand lal Choudhary and Harishchandra Pandey, requesting to give the charge of appointment of teachers, but no charge was given to him, which would appear from annexure 2 to the petition. In spite of that petitioner has been made accused in the present case.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No. 241 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T