IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42699 of 2008 UDAI PASWAN son of Sri Yogendra Pawan, Resident of village- Malharia, P.S.- Kasba District- Purnea Versus STATE OF BIHAR ----------- 2 19.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under sections 467, 468, 471, 419, 420 of the Indian Penal Code. It has been submitted on behalf of the petitioner that he has not committed any offence. It is further submitted that on perusal of the enclosure to the first information report it would appear that the candidate making complaint against her non-selection namely, Priyatama Poonam was not appointed since on consideration of the rule the authority concerned found that her husband was an Extra Departmental Agent entrusted with selling of postal stamps, however later, on being enquired it was found that the selling of such postal stamps by the spouse can not be a ground for disqualification, and as such, necessary remedial measures were taken. As such, it is submitted that the petitioner has not committed any criminal offence and at best it can be an irregularity of civil consequences. It is - 2 - further contended that the alleged irregularity in the selection of the candidature of Smt. Juli Devi was corrected and the eligible candidate in her place was appointed. Learned Addl. P.P. appearing for the State submits that the petitioner did not follow the departmental rules in the matter of selection. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Kasba P.S.Case No. 109 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)