Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9553 of 2023 Arising Out of PS. Case No.-263 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== PAWAN KUMAR Son of Shivchandra Lal Karn R/V- Narar Goth, Kaluahi, P.S- Madhubani, dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The State of Bihar through Vigilance, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Kalyanpur P.S. Case No.263 of 2022, registered for offences under Sections 420, 467, 468, 471 and 120B of the IPC. The allegation is regarding the petitioner having obtained a job as a teacher by submitting forged marksheet, which upon verification by the Bihar State Education Board, has been found to be fake.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he

Patna High Court CR. MISC. No.9553 of 2023(2) dt.19-05-2023 2/3 has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that now the petitioner has already stood terminated from his services, hence he has been suitably punished, therefore a sympathetic view be taken and he be granted the privilege of anticipatory bail.

Per contra, the learned APP, Shri Ajay Mishra for the State has submitted that though it is true that the petitioner has now stood terminated from his services, however, it can't be denied that the petitioner had submitted forged marksheet for the purposes of obtaining appointment as a teacher. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner has now stood terminated from his services, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Patna High Court CR. MISC. No.9553 of 2023(2) dt.19-05-2023 3/3 Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No.263 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) kanchan/Saurav U T