Ganga Prasad Chourasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17337 of 2023 Arising Out of PS. Case No.-329 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== GANGA PRASAD CHOURASIA SON OF RAM CHARITRA CHOURASIA RESIDENT OF VILLAGE- BARAIPUR, PS- BIRPUR, DISTRICT BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nakul Kumar Jamuar, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-05-2023 Heard Mr. Nakul Kumar Jamuar, learned counsel for the petitioner and Mr. Arvind Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Cheriya Bariyarpur PS Case No. 329/2022 dated 15.12.2022 registered for the offence punishable under Sections 420, 467, 468, 471 and 120(B) of the IPC.

3. As per allegation made in the FIR, the petitioner obtained appointment on the post of Panchayat Teacher on the basis of forged matriculation certificate.

4. Learned counsel for the petitioner submits that the petitioner had submitted matriculation certificate at the time of his employment in the year 2012 and continued on the post of Panchayat Teacher for many years but suddenly, on the basis of

Patna High Court CR. MISC. No.17337 of 2023(3) dt.30-05-2023 2/3 vigilance enquiry, it has been stated that the certificate produced by the petitioner was a forged one. He further submits that the petitioner has been removed from the service and right now, he is not in service.

5. On the other hand, learned counsel appearing for the Vigilance Department opposed the prayer for bail and submits that the Bihar School Examination Board has confirmed that the certificate produced by the petitioner is forged and the charge-sheet has already been filed against the petitioner in this regard.

6. Regards being had to the submissions made by the parties, taking into consideration the fact that the allegation against the petitioner is based upon a document, there is no likelihood that the petitioner will abscond or tamper with the evidences, the petitioner has already been removed from his service and the custodial interrogation of the petitioner may not be necessary, I am inclined to grant anticipatory bail to the petitioner.

7. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.17337 of 2023(3) dt.30-05-2023 3/3 each to the satisfaction of learned ACJM, Manjhaul, Begusarai in connection with Cheriya Bariyarpur PS Case No. 329/2022 , subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T