IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.17959 of 2010
TAPESHWAR SINGH SON OF LATE HARICHARAN SINGH,
RESIDENT OF VILLAGE SHANKARPUR, P.S. ROSERA,
DISTRICT SAMASTIPUR - PETITIONER.
Versus
STATE OF BIHAR--OPP. PARTY.
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3/ 07-07-2010 Heard the parties.
The petitioner apprehends his arrest in a case
instituted for offences under section 467, 468, 471 and
420/34 of the Indian Penal Code. The present criminal
prosecution has been lodged at the direction of District
Collector in view of alleged irregularity in the matter of
appointment on the post of Siksha Mitra in the Gram
Panchayat in question. The petitioner is elected Mukhia of
the Gram Panchayat in question.
It is submitted that petitioner is not the custodian
of records relating to appointment on the post of Siksha
Mitra. Furthermore, there was no mens rea to commit any
criminal offence.
Be that as it may, in view of the fact that the
entire prosecution is relating to appointment on the post of
Siksha Mitra in that view of the matter in the event of his
arrest or surrender in the court below within a period of
four weeks from today, let the above named petitioner be
enlarged on bail on furnishing bail bond of Rs. 10,000/-
with two sureties of the like amount each to the
satisfaction of Additional Chief Judicial Magistrate, Rosera
2
( Samastipur ) in connection with Rosera P.S. Case No. 136
of 2009, subject to conditions as laid down under section
438(2) of the Cr. P.C.
BTiwary ( Birendra Prasad Verma, J)