Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16269 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- MAHESHKHUNT District- Khagaria ====================================================== VIJAY KUMAR S/O SATYANARAYAN SINGH R/O-WARD NO 1 JOKIYA, P.S- BHAGWANPUR, DISTT.- BEGUSARAI.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
UMASHANKAR SINGH POLICE INSPECTOR, VIGILANCE INVESTIGATION BUREAU, BIHAR, PATNA (CAMP KHAGARIA) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Maheshkhut P.S. Case No. 136 registered for the offence punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
The allegation is regarding the petitioner having obtained employment as a Primary Teacher in the year, 2006, whereafter he was working as a Niyojit Panchayat Teacher at Primary School Bichli Tola Maheshkhut. It is further alleged that upon enquiry by the Vigilance Department, the matriculation certificate of the petitioner was found to be fake, hence, it is
Patna High Court CR. MISC. No.16269 of 2023(2) dt.19-05-2023 2/3 apparent that he had sought appointment as a teacher on the basis of fake and fabricated matriculation certificate. The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted, by producing a letter dated 7.7.2022, issued by the District Programme Officer, Establishment, Khagaria, which is taken on record, that the petitioner has already stood terminated from his services, hence, he has already been suitably punished. Let a copy of the aforesaid letter dated 7.7.2022 be kept on record. In view of the aforesaid, it is submitted by the learned counsel for the petitioner that a sympathetic view be taken and the petitioner be granted the privilege of anticipatory bail. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, taking into account the materials available on record as also considering the fact that the petitioner has already been suitably punished, inasmuch as he has stood terminated from his services, as has been stated by the learned counsel for the
Patna High Court CR. MISC. No.16269 of 2023(2) dt.19-05-2023 3/3 petitioner, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.
Accordingly, the 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 CJM, District-Khagaria, in connection with Maheshkhut P.S.Case No. 136 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Ajay/- U T