← Library
Patna High CourtCR. MISC./13027/2019bail granted

Jitendra Nath Mishra v. The State Of Bihar

2019-04-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13027 of 2019 Arising Out of PS. Case No.-329 Year-2015 Thana- ARA NAGAR District- Bhojpur ====================================================== Jitendra Nath Mishra son fo Late Dharmnath Mishra Resident of VillageBhushulla, P.S.- Barhara, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Nath Sinha, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-04-2019 This is an application for grant of anticipatory bail in connection with Ara Town P.S. Case No. 329 of 2015, disclosing offences under Sections 467, 468, 471, 409, 420, 120(B) of the Indian Penal Code.

Allegation as per F.I.R. against the petitioner is that obtaining appointment on the forged B.Ed. Degree. Submission of learned counsel for the petitioner is that in pursuance of order of this Hon'ble Court in a writ petition, a notification was issued by the Government, which is at Annexure that shows that those teachers who have been appointed on forged certificate, if they tender their resignation till 09.07.2015, no action may be taken against them and the petitioner has tendered his resignation on 29.06.2015. Heard learned A.P.P. also.

Patna High Court CR. MISC. No.13027 of 2019(3) dt.30-04-2019 2/2 Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Ara, Bhojpur, in connection with Ara Town P.S. Case No. 329 of 2015, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is further subject to the condition that the authority is free to realize the amount which has already been paid to the petitioner as salary and the petitioner will cooperate, otherwise, the prosecution will be at liberty to move for cancellation of bail bonds of the petitioner. (Vinod Kumar Sinha, J) Amjad/- U T