Rakesh Kumar Trivedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17419 of 2016 Arising Out of PS.Case No. -948 Year- 2015 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Rakesh Kumar Trivedi Son of Late Arun Kumar Trivedi of villageMatalupur Kemani Tola, P.S.- Piar, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-05-2016 Heard the Counsel for the petitioner and the APP for the State.

The petitioner seeks anticipatory bail in Muzaffarpur (Town) P.S. Case No. 948 of 2015 registered under sections 420, 468 and 471 of the Indian Penal Code.

In the matter of appointment of Teacher in the Middle School, several irregularities were committed inasmuch as persons were appointed on the basis of forged and fabricated certificates. This Court in a writ petition directed an enquiry to be made. It is alleged in the F.I.R. that the petitioner was also found to have obtained appointment in June, 2013 on the basis of forged certificates. It is, however, submitted on behalf of the petitioner that within few days of appointment, the petitioner tendered his resignation on 20th June, 2013 to the Principal. He did not receive any amount from the government. This was so done prior to the

Patna High Court Cr.Misc. No.17419 of 2016 (2) dt.10-05-2016 2/2 direction issued by this Court in writ proceeding which prompted enquiry.

Considering the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in Muzaffarpur (Town) P.S. Case No. 948 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T