IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25743 of 2008 RAMASHRAY PRASAD SINGH son of late Mukhlal Mahto, resident of village- Purani Ishua, P.S.- Sarmera, District- Nalanda Versus STATE OF BIHAR ----------- 3 11.11.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused for the offence under sections 420, 467, 468 of the Indian Penal Code. The allegation, in nut-shell, is to the effect that for the appointment of non-trained Panchayat Teachers out of 38 candidates three were selected by the Selection Committee, Sarmera Gram Panchayat consisting of Mukhiya, Panchayat Secretary, Ward Member and Panchayat Member. Further allegation is that a candidate namely Rubi Kumar was selected having lesser marks than another candidate namely Puja Devi, and as such, the petitioner who was also a member of the said Selection Committee fraudulently appointed Rubi Kumar. It has been submitted on behalf of the petitioner that the first information report has been lodged without verifying the correct facts and the fact that the said Puja Kumar did not appear for her selection, as would appear from the enquiry report annexed with the first information report as well as the extract of the Attendance chart as contained in Annexure-2 containing - 2 - the name of 38 candidates who had appeared for selection. The name of the said Puja Kumari does not figure in the said list since she did not appear and as such candidature of Rubi Kumar was accepted under the concerned category. Besides the above it is submitted that it was not the petitioner but the Selection Committee who made the selection. Learned Addl. P.P. appearing for the State, on perusal of the attendance chart as well as the enquiry report annexed with the first information report is not in position to refute the submission that Puja Kumar did not appear before the Board for her 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, namely, Ramashray Prasad Singh 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, Nalanda at Biharsharif in connection with Sarmera P.S.Case No. 66 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)