IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46134 of 2009 ASHOK KUMAR, S/o- Late Manoj Singh Both resident of Village- Pahsara, Police Station- Nawkothi, District- Begusarai :--- Petitioner. Versus STATE OF BIHAR :-------Opposite Party . ----------- 2. 26.02.2010. Heard learned counsel for the petitioner and the State. Petitioner, who at the relevant time was serving as Incharge Headmaster of Middle School, Manjhaul Bazar, Cheria Bariarpur, is apprehending his arrest in connection with a case registered for the offences under Sections 341, 323, 504, 379/34 of the Penal Code and Sections 3 and 4 of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989. It is submitted on his behalf that petitioner alleged irregularities on the part of the informant vide his representation dated 12.06.2009 which is addressed to the District Superintendent of Education, Begusarai and is contained in Annexure-2 to this application whereafter the enquiry was ordered by the District Superintendent of Education. The informant in order to wriggle out of the enquiry has implicated the petitioner in the present case on 24.09.2009. The learned Sessions Judge while rejecting the prayer of the petitioner for grant of bail in the event of arrest has not taken note of the aforesaid representation filed by the petitioner on the basis of which the enquiry has been ordered against the informant by the competent authority and has refused the prayer for bail in the event of arrest only on the ground that the allegations are under Sections 3 and 4 of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989. Having heard counsel for the petitioner and the State, I am of the view that until the enquiry which is initiated on the basis of the representation of the petitioner dated 12.06.2009, Annexure-2 is on he - 2 - (Ashok Kumar) should not be taken into custody and his arrest should be subject to the result of the enquiry made by the District Superintendent of Education, Begusarai, if after enquiry the informant is found guilty by the District Superintendent of Education then the petitioner Ashok Kumar be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Begusarai in connection with Begusarai SC/ST P.S.Case No. 165/2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the District Superintendent of Education, Begusarai conclude the enquiry as early as possible, in any case within one month from the date of receipt/production of a copy of this order. The application is, accordingly, disposed of. Let this order be communicated not only to the court below but also to the District Superintendent of Education, Begusarai through fax by the office of this Court on payment of charges by the petitioner. P.K.P. (V.N.Sinha,J.)