Patna High CourtCR. MISC./15376/2023disposed

Punkaj Kumar Ram @ Pankaj Kumar Ram v. The State Of Bihar

2023-04-25Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15376 of 2023 Arising Out of PS. Case No.-51 Year-2022 Thana- TEYAR District- Bhojpur ====================================================== Punkaj Kumar Ram @ Pankaj Kumar Ram S/O Jay Kumar Ram R/O VillageDhangi, P.S- Dhangai, P.O- Keshri, District- Bhojpur (Ara) ... ... Petitioner/s

Versus

The State of Bihar 2.

The Vigilance Department (Vigilance Investigation Bureau), 6, Circular Raod, Patna, Bihar, Patna, Bihar, PIN- 800023, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhas Chandra, Adv.

For the Opposite Party/s :

Mr. Ajay Mishra, APP.

For the Vigilance :

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2023

1. Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

2. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the vigilance department.

3. Petitioner seeks regular bail in connection with Tiyar P.S. Case No. 51 of 2022 dated 25.04.2022 registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

4. The main submissions advanced by petitioner's

Patna High Court CR. MISC. No.15376 of 2023(2) dt.25-04-2023 2/3 counsel are that the petitioner was initially appointed as panchayat teacher in 2006 in the primary school, Tiyar on the basis of his intermediate qualification and he worked as panchayat teacher till April, 2022 and got his salary till July 2021 and there is no evidence to show that the petitioner himself prepared the alleged document to commit the alleged forgery and moreover, for the alleged wrong of preparation of forged document, the petitioner can be punished under Section 471 of I.P.C. only, which is a bailable offence and when the process of engagement of the petitioner as a Panchayat teacher was going on, his marksheet and educational certificates were verified by the concerned department and that time no adverse report was given against the petitioner. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 11.01.2023.

5. Learned counsel for the vigilance department has vehemently opposed the petitioner's bail prayer and submitted that against the petitioner, there is serious allegation and he succeeded in getting government job of teacher by using his intermediate school certificate, which was found to be forged.

6. Learned APP appearing for the State has also opposed the bail prayer.

Patna High Court CR. MISC. No.15376 of 2023(2) dt.25-04-2023 3/3

7. Having regard to the facts and circumstances of this case and mainly the facts that in the instant matter, prosecution's case is mainly based on documentary evidence which is admittedly in the possession of prosecution and against the petitioner, the investigation has been completed, in my opinion a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner named-above be enlarged on bail after framing of charge, if the same has not been framed, on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Tiyar P.S. Case No. 51 of 2022.

(Shailendra Singh, J) annu/- U T