Ahmad Hussain @ Md.Ahmad Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75137 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- BASOPATTI District- Madhubani ====================================================== 1.
AHMAD HUSSAIN @ MD.AHMAD HUSSAIN Son of Abdul Wahid Resident of Village - Gamhariya, P.S. - Benipatti, District - Madhubani. 2.
Murari Jha @ Murari Kumar Jha Son of Shyam Jha Resident of Village - Hatwariya, P.S. - Harlakhi, District - Madhubani. 3.
Saroj Kumar Thakur Son of Gajendra Thakur Resident of Village - Madhwapur, P.S. - Madhwapur, District - Madhubani. 4.
Md. Anjum Pravez @ Md. Anjum Son of Md. Anawarul Hussain Haque @ Anwarul Haque Resident of Village - Umgaon, P.S. - Harlakhi, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with Basopatti P.S. Case No. 171/2019 registered for the offence punishable under Sections 467/468/471/472/420/409/ 406/120(B) of the Indian Penal Code.
Learned counsel for the petitioners submits that altogether false and frivolous allegations are said to have been made against these petitioners that they were illegally appointed by the Head Master of the Primary School, Ejot Kanya, under
Patna High Court CR. MISC. No.75137 of 2019(2) dt.02-12-2019 2/3 Gram Panchayat Damu and the Mukhiya of said Gram Panchayat, namely, Anisul Ansari along with co-accused Shambhu Kumar Thakur have appointed several Panchayat Teachers after obtaining gratification and also made payment of government salary to them. It is further submitted that the petitioners are the beneficiaries / appointees of the said illegal act committed by the Head Master in league with the Mukhiya and co-accused Shambhu Kumar Thakur. Learned counsel for the petitioners next submits that so far as the present petitioners are concerned, they were given appointment letters duly certified by the Appointing Authority and it is not known to them that under what circumstances, such allegations have been made.
No show-cause was even called from them and they had been summarily dismissed on the basis of some report which was submitted on an enquiry being conducted behind their backs. Learned counsel for the petitioners submits that against the aforesaid order of dismissal, the petitioners have already preferred an appeal before the Appellate Authority at Madhubani and pray that during the pendency of the said appeal, they may be extended the privilege of anticipatory bail.
Patna High Court CR. MISC. No.75137 of 2019(2) dt.02-12-2019 3/3 bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Vth, Madhubani in connection with Basopatti P.S. Case No. 171/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Anjana Mishra, J) Saif/- U T