Dristi Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27643 of 2018 Arising Out of PS.Case No. -74 Year- 2018 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================
1. Dristi Pathak, S/o Sri S.V. Pathak, 529/1210 Pant Nagar, P.S.- Indira Nagar, Khurramnagar, Distt.- Lucknown (U.P.) at present working as Block Development Officer- Tetiya Bumber, Distt.- Munger. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 The petitioner is apprehending his arrest in connection with Kuchaikote P.S. Case No. 74/18, registered for offences punishable under Sections 420, 467, 468, 471 and 409 of the Indian Penal Code.
Petitioner happens to be the Block Development Officer and allegation against him is appointing the Prakhand Teacher without following the due process.
It has been submitted on behalf of the petitioner that the merit list of the Prakhand Teacher has been prepared prior to his posting at Kuchaikote and the earlier Block Development Officer had appointed 124 Prakhand Teachers and thereafter, as per the direction given in C.W.J.C No. 7812/2012 and by the District Teachers Appellate Authority, petitioner has appointed 29 Prakhand Teachers and has falsely been made accused in this case. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let
Patna High Court Cr.Misc. No.27643 of 2018 (2) dt.16-05-2018 2/2 the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj in connection with Kuchaikote P.S. Case No. 74/18, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T