IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23209 of 2011 ====================================================== Sita Ram Paswan son of late Dhondhai Paswan, resident of village- Haribela, P.S. Bathnaha, District- Sitamarhi, the Incharge Panchayat Secretary, Gram Panchayat Raj, Bherahiya, P.S. Bela, District Sitamarhi. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : M/s Bhola Prasad and Pushpendra Kr. Singh, Advocates. For the Opposite Party/s : Mr. Dashrath Mehta, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 4 13-10-2011 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 466, 467, 468, 504 and 120(B) of the Indian Penal Code. Learned counsel for the petitioner submits that at the relevant time the petitioner was working as Incharge Panchayat Secretary of the Gram Panchayat in question and the only allegation against him is that he along with the local Mukhiya committed certain irregularity in preparation of the merit list, for the purpose of appointment on the post of Panchayat teacher. He further submits that even during the course of investigation, no one has come forward to say that the petitioner had received any amount of money by way of bribe for committing the alleged irregularity. He also submits that if the informant had any grievance against non-selection of his ward, then he could have approached the appellate authority prescribed under the law and could have challenged the selection of other candidates on the post Patna High Court Cr.Misc. No.23209 of 2011 (4) dt.13-10-2011 2 / 2 2 of Panchayat teacher. Learned Additional Public Prosecutor, appearing on behalf of the State, on going through the case diary has fairly conceded that there is no material on record to show that the petitioner had received any gratification for preparation of the merit list for appointment on the post of Panchayat teacher. Be that as it may, in the facts and circumstances of the case, in the event of his arrest or surrender in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bela P.S. Case No. 80 of 2008, subject to the conditions laid down under section 438(2) of the Cr.P.C. BTiwary/- (Birendra Prasad Verma, J)