Subhash Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6631 of 2017 Arising Out of PS.Case No. -61 Year- 2015 Thana -BIRPUR District- SUPAUL ======================================================

1. Subhash Kumar, S/o Rambahadur Mehta, a resident of VillageBishanpur, P.S.-Pipara, District-Supaul

2. Binod Kumar, son of Kishan Sah, a resident of Village-Bahuwarwa, P.S.-Kishanpur, District-Supaul

3. Chandra Kishor Mehta, son of Brahamdeo Mehta, a resident of VillageToksinghpur, P.S.-Gamharia, District-Madhepura.

4. Geeta Kumari, W/O Mithilesh Kumar, a resident of Village-Dighiya, P.S.-Kishanpur, District-Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. R.C. Thakur, Advocate Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s : Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-05-2017 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Birpur P.S. Case No.61 of 2015 for allegedly having committed the offences under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners were the applicants for the posts of Panchayat Teacher and their candidature was rejected on the ground that they had not passed the Teachers' Eligibility Test (TET). It is submitted that the certificates of TET of the petitioners along with 36 candidates were found forged and fabricated. Thus,

Patna High Court Cr.Misc. No.6631 of 2017 (3) dt.10-05-2017 2/2 they were not entitled to payment. Learned counsel for the petitioners further submitted that on the basis of such certificates, neither the petitioners were appointed nor were they given any salary so as to subjected them to the rigours of custody and in similar case, this Court, after hearing learned counsel, has been pleased to extend the benefit of privilege of anticipatory bail to four similarly situated candidates, vide its order dated 24.8.2016 passed in Cr.Misc. No.33302 of 2016.

Considering the entire facts and circumstances and these petitioners also stand similarly situated, let all the four petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of `10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Birpur, Supaul, in connection with Birpur P.S. Case No.61 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.