Niraj Kumar Sinha @ Niraj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20619 of 2018 Arising Out of PS.Case No. -300 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Niraj Kumar Sinha @ Niraj Kumar, S/o- Late Sahdeo Prasad Sinha @ Late Sahdev Prasad Singh, resident of Village- Vilashi, Shameshwar, P.S.- Bahadur Ganj, District - Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Vigilance Department, Patna.

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

For the Petitioner/s : Mr. P. Kumar Sinha, Adv. Mr. Diwakar Sinha, Adv.

For the Vigilance : Mr. Amresh Kumar, Adv. For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 419, 420, 467, 468 and 471/34 of the Indian Penal Code.

Allegation is that the petitioner got appointment on the post of Panchayat Teacher on the basis of forged educational certificate.

Learned counsel for the petitioner submits that the petitioner has already resigned from the said post on 01.03.2016 prior to the institution of the present FIR. Moreover, co-accused Gopal Prasad Singh has already been allowed bail by a

Patna High Court Cr.Misc. No.20619 of 2018 (2) dt.17-04-2018 2/2 Coordinate Bench of this Court vide Annexure-2. Petitioner is in custody since 19.02.2018 and has got no criminal antecedent. Learned counsel for the informant opposed the prayer for bail on the ground that in a civil writ matter, this Court had allowed liberty to those teachers whose appointment were suspected to be on forged certificate to resign within the time granted but the petitioner did not resign within the time. Considering the entire facts, especially, the fact that co-accused has been granted bail by a Coordinate Bench of this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kishanganj Police Station Case No. 300 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.