Indra Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23213 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== 1.

INDRA KUMAR NIRALA (Male), aged about 44 years, Son of Veer Bhajan Ram Resident of Village - Khanani Khurd, P.S.- Agiaon Bazar, District - Bhojpur.

2.

Neelkanth Narayan Singh, (Male), aged about 43 years, Son of Mithlesh Kumar Singh Resident of Mohalla - Madan Jee Ke Hata Pakar, P.S.- Nawada, District - Bhojpur.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Surj Bansh Roy, Advocate For the Opposite Party :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

As per the FIR, allegation against both the petitioners is that by way of submitting forged certificates petitioners got appointment on the post of Niyojit Panchayat Teacher. Petitioners have already been dismissed from service. Petitioners have got no criminal antecedent.

Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the

Patna High Court CR. MISC. No.23213 of 2019(4) dt.10-07-2019 2/3 Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara/successor Court in connection with Barahara P.S.Case No.18 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as conditions which are as follows:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trail. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bond shall be liable to be cancelled by the learned Court concerned.

(v) The State shall be at liberty to take steps for

Patna High Court CR. MISC. No.23213 of 2019(4) dt.10-07-2019 3/3 recovery of the salary already drawn by the petitioners during their employment as Niyojit Teacher.

(Prabhat Kumar Singh, J) B.Kr./- U T