Premchand Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11276 of 2022 Arising Out of PS. Case No.-876 Year-2021 Thana- BANKA District- Banka ====================================================== PREMCHAND DAS Son of Sri Baidyanath Das Resident of Village and P.O.- Bhurna, P.S. - Barahaat, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 11310 of 2022 Arising Out of PS. Case No.-876 Year-2021 Thana- BANKA District- Banka ====================================================== PAWAN KUMAR DAS Sonof Baidya Nath Das Resident of Village - Bhurana, Banka, P.s.- Banka (Barahat), Distt.- Banka. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 11276 of 2022) For the Petitioner/s :
Mr. Vardhan Manglam Mr. Ranjan Kumar Sharma For the Opposite Party/s :
Mr. Ajay Mishra For the Vigilance :
Mr. Arvind Kumar, Adv (In CRIMINAL MISCELLANEOUS No. 11310 of 2022) For the Petitioner/s :
Mr. Dr. Shraddhanand Paswan For the Opposite Party/s :
Mr. Ajay Mishra For the Vigilance :
Mr. Arvind Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2022 Heard the parties.
Learned counsel for the petitioners is directed to make the Vigilance as O.P. no.2 in course of day. However, learned counsel for the Vigilance is present in the court to argue this case. Learned counsel for the petitioners undertakes to remove
Patna High Court CR. MISC. No.11276 of 2022(2) dt.03-08-2022 2/3 the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under sections 420, 467, 468, 471, 120(B) of the IPC.
The allegation against the petitioners is that they have got appointment as Niyojit teachers on the basis of fake certificates. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The petitioners have not got the appointment with the forged and fabricated documents. The petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since the petitioners have already been terminated from the services, let the above named petitioners be released on bail, in the
Patna High Court CR. MISC. No.11276 of 2022(2) dt.03-08-2022 3/3 event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Banka (Barahaat) P.S. Case No. 876 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Learned court below is directed to accept the bail bond of the petitioners after verifying that they have been terminated from their services.
(Anjani Kumar Sharan, J) shikha/- U T