Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13448 of 2020 Arising Out of PS. Case No.-757 Year-2017 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

MANOJ KUMAR Son of Mithlesh Choudhary Resident of Village - Danu Bigha, P.S.- Makhdumpur, Distt - Jehanabad.

2.

Sunil Choudhary Son of Nathun Choudhary Resident of Village - D.S. - 1313, Sector - D, L.D.A Colony Kanpur Road, P.S.- Ashiyana, Lucknow (U.P.) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance Department, Bihar, Patna through its Additional Director General, Vigilance, Bihar Patna, Bihar.

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Ajay Mishra For the Vigilance : Rana Vikram Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 420, 467, 468, 470, 472, 409 & 120(B) of the Indian Penal Code.

Allegedly, petitioners got their appointment on the post of

Patna High Court CR. MISC. No.13448 of 2020(3) dt.25-08-2020 2/3 Panchayat teachers by placing forged certificates which were detected in course of inquiry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused in the present case due to mistake of fact. The allegation of submission of forged certificate for the purpose of appointment on the post of Panchayat Teacher is denied by the petitioners. The petitioners have already been removed from the post of Panchayat Teachers. The proper verification of the documents has not been made.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 757 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.13448 of 2020(3) dt.25-08-2020 3/3 Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T