IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30700 of 2007 NARAYAN HARIJAN son of late Mushahru Harijan, Panchayat Sevak of villate Jhakhra P.S.Shambhuganj, District Banka … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri S.B.K.Manglam For the State:Shri Dashrath Mehta, APP ----------- 9. 21.1.2009 Heard. The case relates to appointment of Panchayat teachers and the allegation is that by manipulation in the records in respect of recruiting the above class of teachers, the petitioner who was the Panchayat Secretary (Panchayat Sevak) did not allow the complainant to appear in the counseling and, as such, deprived her of being selected. The allegation is that this was done to give precedence of a person having lesser merit in comparison to the complainant. The facts have been indicated in the complaint petition as to how the things were manipulated. Shri S.B.K. Manglam learned counsel appearing for the petitioner attempted valiantly to support the Court’s order dated 20.7.2007 admitting the petitioner to 2 anticipatory bail. The Court is also loyal to the legal position that canceling an order of bail in favour of the accused is more serious an exceptional judicial act and it should not be normally resorted to. But, when it is found that records are manipulated by public functionaries so as to giving precedence to unmerit over merit then in that case a wrong order passed by a court could be against the majesty of justice. The Majesty of Justice requires correcting wrong and factually incorrect orders and on appropriate occasions legally incorrect orders. The petitioner was the custodian of the records on account of being the Secretary of the Panchayat and in league with the Mukhiya and other members of the Committee formed for the purpose had recruited the teachers and manipulated the records so as to depriving the complainant of appearing for counseling. The complainant claimed and that is not denied that she had scored highest percentage of the merit and by manipulating the record she was not given a chance of her being selected. 3 In the light of the above facts I do not have any hesitation in recording that I fell in error while directing the release of the petitioner Narayan Harijan on anticipatory bail in connection with Shambhuganj P.S.Case No. 15 of 2007. That order was clearly erroneous and, as such, is hereby cancelled with a direction to the petitioner to surrender before the court below and pray for regular bail. The lower court could read the facts of the case and consider the prayer of the petitioner without being prejudiced by this order. Kanth ( Dharnidhar Jha, J.)