Faim Harijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86608 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

Faim Harijan S/o Dinanah Harijan R/o village- Madarganj, P.S.- Sanokhar, District- Bhagalpur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 408, 409, 420, 424, 477(A) of the Indian Penal Code.

It is alleged against the petitioner that the petitioner being Panchayat Secretary has not deposited folders and files relating to educational and training certificate and merit lists of the employed teachers of primary school in spite of a direction given by this Hon'ble Court.

Patna High Court CR. MISC. No.86608 of 2019(8) dt.27-06-2022 2/3 A supplementary affidavit has been filed on behalf of the petitioner wherein in para 4 of the said supplementary affidavit, it has been mentioned that petitioner was initially posted in Pirpainti Panchayat from 2005 to August, 2009 and thereafter, he was transferred to Narayanpur Panchayat where he remained there till 30.06.2016 and thereafter on 01.07.2016, he joined Nathnagar Panchayat and took charge of Rannuchak Makandpur Panchayat and Shankerpur Panchayat. From perusal of the charge-sheet, it reflects that petitioner was not given charge of merit list of teachers for the period 2006 to 2008 of these Panchayats. It is further submitted that for the same offence, Nathnagar P.S. Case No. 44 of 2019 has also been instituted against the petitioner in which he has been granted bail by a coordinate bench of this Court vide Cr. Misc. No. 38913 of 2019.

A counter affidavit has been filed on behalf of the opposite party. In para 11 of the counter affidavit, it

Patna High Court CR. MISC. No.86608 of 2019(8) dt.27-06-2022 3/3 has been stated that charges against the petitioner has not been found true.

In the facts and circumstance of the case, the provisional bail granted to the petitioner vide order dated 24.11.2021 is hereby confirmed in connection with Nathnagar P.S. Case No. 43 of 2019.

(Sunil Kumar Panwar, J) Shageer/- U T