Ganga Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78718 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- KAMTAUL District- Darbhanga ====================================================== GANGA PASWAN, aged about 59 years, (Male), S/o Jagat Paswan, R/o Village- Bahadurpur, P.S.- Bahadurpur, District- Darbhanga. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shiva Shankar Sharma, Advocate.

For the Opposite Party :

Mr. Ajay Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 409 and 420 of the IPC. The prosecution story, in brief, is that the petitioner has allegedly not submitted the essential records for enquiry regarding appointment of Panchayat and Block teachers during the year 2003-2007 on direction given by the Block Education Officer, Jalley. F.I.R. has been lodged on the written complaint of Shrimati Ahilya Kumari, Block Education Officer, Jalley, Darbhanga.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged

Patna High Court CR. MISC. No.78718 of 2019(2) dt.03-12-2019 2/2 against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner has been made accused in the present case due to mistake of fact. Contractual teachers were appointed in the year 2003-2007. But the petitioner joined the Jalley Block on 12.08.2016 from Sindhwara Block and took the charge of Kamtaul Panchayat on 03.12.2017. At the relevant time the petitioner was not posted in the concerned Panchayat. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Darbhanga, in connection with Kamtaul P.S. Case No. 08 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T