IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7498 of 2010 KHURSHEED ALAM @ KHURSHID ALAM Versus STATE OF BIHAR ----------- 2/ 19.03.2010 Heard learned counsel for the petitioner and learned Addl. P.P. for the State. Petitioner apprehends his arrest in a case instituted under sections 409 and 120B of the Indian Penal Code. Petitioner is working at present on the post of District Education Officer, Khagaria. It is submitted by learned counsel for the petitioner that the whole dispute is regarding appointment of co- accused Sudhanshu Kumar, on the post of Clerk of Arya Kanya Uch Vidyalay, Khagaria. His original appointment was made on 24.11.1991 but it was cancelled and subsequently he was again appointed on 31.10.1999. It is stated that the petitioner was not posted there at the relevant time. It was further submitted that the amount involved in the F.I.R. was paid to the aforesaid Sudhanshu Kumar towards his salary. It is further submitted that even if co-accused Sudhanshu Kumar was appointed illegally, his appointment could have been cancelled but in no case his service could have been taken on ‘Beggar’ which is prohibited under the provision of Article 23 of the Constitution of India. Since co-accused Sudhanshu Kumar discharged his duty to the post, he is entitled for salary/ wages. It is submitted that since the petitioner has been posted there on the post of D.E.O. on 14.07.2008, therefore, he has been arrayed in the - 2 - category of the accused persons besides other co-accused. Learned counsel for the State also has not disputed the aforesaid position. Be that as it may, in the facts and circumstances, let the above named petitioner, in the event of arrest/ surrender within four weeks from today , be enlarged on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 12 of 2010 , subject to the conditions under section 438(2) and subject to further conditions (a) that one of the bailors must be government servant and (b) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. ( Birendra Prasad Verma, J ) BTiwary/