Md. Riyajuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14375 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== Raj Kumar @ Raj Thakur S/O Lalan Sah R/V- Sahar, P.S.- Sahar, DistrictBhojpur ... ... Petitioner

Versus

1.

The State of Bihar 2.

Secretary Block Teacher Employment Unit, Sahar, Bhojpur ... ... Opposite Parties ====================================================== with CRIMINAL MISCELLANEOUS No. 14725 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== Md. Riyajuddin, Son of Md. Jamiruddin R/v- Ratnadh, Post- Ratnadh, P.S.- Agiyao, District- Bhojpur, Bihar ... ... Petitioner

Versus

1.

The State of Bihar 2.

Secretary Block Teacher Employment Unit, Sahar, Bhojpur ... ... Opposite Parties ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 14375 of 2023) For the Petitioner/s :

Mr. Shantam Shivam, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP (In CRIMINAL MISCELLANEOUS No. 14725 of 2023) For the Petitioner/s :

Mr. Shantam Shivam, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners and learned APP for the State in both the applications.

The petitioners in both the applications are seeking prearrest bail in connection with Sahar P.S. Case No. 136 of 2022 registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code. Both the petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.14375 of 2023(2) dt.18-05-2023 2/3 Learned counsel for the petitioners submits that the allegation against the petitioners is that of submitting forged certificate in the selection process for the post of Teacher. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that the entire selection process has been cancelled.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners in both the applications. Having regard to the facts and circumstances of the case wherein this Court has noticed that during ongoing selection process itself the certificate of the petitioners were found to be forged, however, the entire selection process was cancelled and the petitioner was not appointed on the basis of the said certificate, this Court directs that in case of their arrest or surrender within a period of four weeks from today, the petitioners above named be released on bail in connection with Sahar P.S. Case No. 136 of 2022 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 learned Judicial Magistrate, 1st Class, Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify

Patna High Court CR. MISC. No.14375 of 2023(2) dt.18-05-2023 3/3 the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T