Hari Lal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6767 of 2020 Arising Out of PS. Case No.-61 Year-2015 Thana- BIRPUR District- Supaul ====================================================== HARI LAL PASWAN Son of Sri Prasad Paswan Resident of Village - Kewla, P.O. and P.S.- Bhimpur, Dist.- Supaul.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-10-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.

Informant has alleged in his written complaint that petitioner and other co-accused applied for the post of Panchyat Teacher, but on verification, the certificate of Teacher Eligibility Test (TET) of the petitioner along with other several candidates were found forged and fabricated.

It has been submitted on behalf of petitioner that he is

Patna High Court CR. MISC. No.6767 of 2020(2) dt.09-10-2020 2/3 innocent and has been falsely implicated in this case. It has been further submitted that neither on forged certificate, petitioner was appointed nor he was given any salary, as such alleged sections are not made out against petitioner. Similarly placed coaccused persons have been granted anticipatory bail by a coordinate Bench of this Court as contained in Annexure- 3 series. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Birpur, DistrictSupaul, in connection with Birpur P.S. Case No. 61 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.6767 of 2020(2) dt.09-10-2020 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajivU T