Vimalesh Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28372 of 2023 Arising Out of PS. Case No.-16 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

VIMALESH KUMAR PANDEY Son of Binod Kumar Pandey R/VSangaraw, P.S- Rajpur dist- Buxar 2.

Kumari Kiran Daughter of Shiv Kumar Singh R/V- Kandodhih P.S- Dawath Dist- Rohtas ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Maya Shankar Mishra, Advocate For the Opposite Party :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners, in the present case, are seeking prearrest bail in connection with Jagdishpur P.S. Case No. 16 of 2022 registered for the offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code. They have no criminal antecedent as stated in paragraph '3' of the application.

3. As per the prosecution story, the informant is the Block Education Officer, Jagdishpur who has alleged that on 10.08.2021, there was a counselling/selection of Block Teacher with regard to the Primary Teachers Employment 2019-21 in which petitioners and others were produced wrong certificates, thereafter the present case has been lodged.

Patna High Court CR. MISC. No.28372 of 2023(2) dt.14-07-2023 2/3

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case. Learned counsel submits that petitioners did not get appointment and have not obtained any benefit out of any such employment.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having regard to the facts and circumstances of the case wherein the allegation against these petitioners is that they had produced fake certificates in course of counselling/selection process of block teacher, his submission is that the petitioners did not get appointment and have not obtained any benefit out of any such employment as also that in the same case the coaccused Rakesh Kumar Singh has been granted privilege of prearrest bail by a learned coordinate Bench of this Court in Cr. Misc. No. 70191/2022, petitioners have otherwise no criminal antecedent, hence, this Court directs that in case of their arrest/surrender within a period of four weeks from today, let the petitioners above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - 1st, Ara, Bhojpur in connection with Jagdishpur P.S. Case No. 16 of 2022, subject to

Patna High Court CR. MISC. No.28372 of 2023(2) dt.14-07-2023 3/3 the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) Rajeev/- U T