Patna High CourtCR. MISC./2924/2025bail granted

Mukesh Kumar v. The State Of Bihar

2025-05-13Mr. Justice Alok Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2924 of 2025 Arising Out of PS. Case No.-330 Year-2022 Thana- RUPAULI District- Purnia ====================================================== Mukesh Kumar S/O Kishor Prasad Yadav Village- Saheri, Marwa, P.S.- Bihpur, Distt.- Bhagalpur. Niyojit Panchayat Teacher, Primary School, Nawada, Panchayat- Nathpur, Prakhand- Rupauli, Dist.- Purnea. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, APP For the Vigilance :

Mr. Anil Singh, Law Officer, Vigilance.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 13-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, .

2. The petitioner apprehends his arrest in connection with Rupauli (Mohanpur O.P.) P.S. Case No. 330 of 2022, registered under Sections 420, 467, 468, 471 and 120(B) of the Bhartiya Nyaya Sanhita.

3. The prosecution case as per the F.I.R. is that the petitioner obtained the appointment as Panchayat Teacher on the basis of forged B.E.T.E.T. certificate.

4. Learned Counsel for the petitioner submits that the petitioner was appointed on 14.11.2014 and was terminated on 13.02.2018, prior to institution of the F.I.R. which has been lodged on 13.11.2022. He further submits that during his service period, the petitioner did not get any salary. He next submits that in C.W.J.C. No.15459 of 2014, this Court in P.I.L. had given an

Patna High Court CR. MISC. No.2924 of 2025(3) dt.13-05-2025 2/2 opportunity to the teachers to resign before the inquiry is conducted but the petitioner was already terminated and was not aware about the direction given by this Court.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail.

6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner has already been terminated in the year 2018 and the allegation against him is based on documentary evidence for which custodial interrogation may not be necessary, I am inclined to grant the petitioner privilege of anticipatory bail.

7. Let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Purnea, in connection with Rupauli (Mohanpur O.P.) P.S. Case No. 330 of 2022, subject to the condition laid down under Section 482 (2) of the BNSS.

(Alok Kumar Sinha, J) sanjeev/- U T