Birju Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25564 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- IMAMGANJ District- Gaya ====================================================== Birju Prasad, Son of Meghan Prajapati, Resident of Village - Madan Ram Chaur, P.S.- Chatra, District - Chatra (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bam Bahadur Jha For the Opposite Party/s :

Mr. Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

Petitioner is said to have obtained employment as Physical Education Teacher on the basis of forged matriculation and C.P.E.D. certificates. After C.B.I. enquiry the petitioner was terminated from the service.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner has got the aforesaid job in the year 2010 on the basis of joining letter and was discharging his duties to the full satisfaction of

Patna High Court CR. MISC. No.25564 of 2019(2) dt.25-04-2019 2/3 his authorities. After joining, his original certificates were verified by the vigilance and B.S.E.B. and was found genuine. The aforesaid certificates were issued to the petitioner from the office of the competent authorities. However, this case is based on the documentary evidence and there is no possibility of tampering with the evidence by the petitioner. Similarly situated co-accused, namely, Surendra Kumar and others have been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No.15930 of 2019 vide order dated 14.03.2019. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.- 1st Class, Sherghati in connection with Imamganj P.S. Case No. 07 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part

Patna High Court CR. MISC. No.25564 of 2019(2) dt.25-04-2019 3/3 to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Prakash Chandra Jaiswal, J) Trivedi/- U T