Nripendra Deo Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17000 of 2022 Arising Out of PS. Case No.-11 Year-2020 Thana- ALIPUR District- Gaya ====================================================== NRIPENDRA DEO CHAUDHARY Son of Chandradeo Chaudhari Resident of Village - Naili, P.O.- Chand Chaura, P.S.- Magadh Medical, Gaya, District - Gaya, Presently posted as Panchayat Teacher, Kuseta, Anu. Tola, P.S.- Alipur, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar Singh For the Opposite Party/s :
Mr. Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 & 120B of the Indian Penal Code.
The accusation against the petitioner is that having forged the BETET marks-sheet on the basis of which employment was obtained by him as a Primary School Teacher.
Patna High Court CR. MISC. No.17000 of 2022(2) dt.17-08-2022 2/3 It is submitted by learned counsel for the petitioner that the services of the petitioner has been terminated. With respect to the accusation of tampering with the name and marks-sheet of the BETET, it has been submitted that there could be some tampering in the database of the BSEB for which the petitioner cannot be held responsible. Apart from this, it has been submitted that there is no other material to connect the petitioner with the offence in as much as no evidence has been collected to make him liable even for conspiracy in obtaining a certificate with forged marks and parentage. Similarly situated co-accused, namely, Anil Chaudhary has been enlarged on bail by a co-ordinate bench of this court vide order dated 14.12.2021 passed in Cr. Misc. No. 3045 of 2021.
Petitioner is agreed to deposit Rs.10,000.00 (Rupees Ten Thousand) in the account of Bihar Kishore Nyay Nidhi, bearing Saving Bank Account No.35094613009, IFSC Code: SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna, Branch Code 153.
Regard being had to the facts afore-stated, especially that the petitioner's services have been terminated and some other similarly situated accused persons have been granted
Patna High Court CR. MISC. No.17000 of 2022(2) dt.17-08-2022 3/3 anticipatory bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Alipur P.S. Case No. 11 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
The learned Court below is directed to accept the bail bond of the petitioner after showing deposit of the aforesaid amount in the account of petitioner would deposit Rs.10,000.00 (Rupees Ten Thousand) in the account of Bihar Kishore Nyay Nidhi.
(Anjani Kumar Sharan, J) Trivedi/- U T