IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35477 of 2009 RABINDRA PRASAD SINGH, Son of late Ram Gulam Singh, resident of Mohalla-Gautam Nagar, Gangjala, P.S. & District-Saharsa. ………Petitioner. Versus THE STATE OF BIHAR …………Opp. Party. with Cr.Misc. No.41024 of 2009 SMT. BIBHA SINGH @ BIBHA KUMARI SINGH, W/o Rajesh Kumar Singh, resident of Mohalla-Gangjala, P.S.-Saharsa, District-Saharsa, at present posted as Block Education Extension Officer, Saharsa Block at Kahra, P.S.- Saharsa, District-Saharsa. ………..Petitioner. Versus THE STATE OF BIHAR. ………..Opp. Party. with Cr.Misc. No.42339 of 2009 MD.SARFARAZ ALAM @ SARFARAZ AHMAD, Son of Abdul Hafiz Ansari, resident of Mohalla-Mustafanagar, Ward No. 6, P.S.-Saharsa, District- Saharsa. ……….Petitioner. Versus THE STATE OF BIHAR ………..Opp. Party. ----------- 3/ 23.12.2009 Petitioner, Rabindra Prasad Singh is the Co-ordinator of IGNOU. Petitioner, Smt. Bibha Singh @ Bibha Kumari Singh is the Block Eduction Extension Officer, whereas Md. Sarfaraz Alam @ Sarfaraz Ahmad is an Assistant Teacher. Firstly, the Headmaster of the High School, Saharsa has alleged that the petitioner Rabindra Prasad Singh, who is the Co-ordinator of IGNOU, has charged a premium for distribution of forms, sent by IGNOU to be filled by untrained teachers for the purposes of taking training examination to be held by IGNOU. The District Welfare Officer, alleges that he has come to know that certain untrained candidates have made a complaint that the petitioner is also responsible for charging a 2 premium for including untrained candidates in the list. Whereas the Assistant Teacher has been charged with the conspiracy to further the intentions of the two aforesaid petitioners. The case diary was called for and apart from the statement aforesaid there is no material till 27.09.2009, to indicate that, in fact, there was a complaint that a premium was charged for the entrance forms, for sitting in the training examination. Similarly, the statement of District Welfare Officer is also based on material gathered from un-named source to make allegations against these petitioners. The Supervising Officer had directed that the teachers who have purchased the forms should be examined, to substantiate the allegations made in this case. It appears that no such steps have been taken till now by the Investigating authority. Considering these facts that the matter is still under investigation till today and there is no substantial material against the petitioners, I direct that the above mentioned petitioners be released on anticipatory bail, in case of their arrest/surrender before the court below within a period of six weeks from today in connection with Saharsa Sadar P.S. Case No. 318 of 2009, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa subject to the 3 conditions laid down under Section 438(2) Cr.P.C. In future, if there are some materials against the petitioners then, the authorities may move before this Court for reconsideration of the matter. Sanjeet/ (Sheema Ali Khan, J.)