Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76713 of 2018 Arising Out of PS. Case No.-152 Year-2016 Thana- KHODAWANDPUR District- Begusarai ====================================================== Arun Kumar, Son of Ram Sagar Pandit, Resident of Village- Bardaha, P.S.- Khodawandpur Chhaurahi O.P., District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kapil Deo Singh, Adv.

For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 27.09.2018 in a case registered for the offence punishable under Sections 467,468 and 420 of the Indian Penal Code. It is alleged that co-accused, Md. Javed Ali Reza got employed as a teacher in the upgraded middle school, Hulasi Tola, on the basis of two certificates, one of which was issued by the Bihar Madarsa Board in the name of Md. Javed Ali Reza and another by the Bihar School Examination Board in the name of Javed Imam Manjar. It is alleged against the petitioner that he issued genealogical certificate on the basis of affidavit produced by the co-accused, Md. Javed Ali Reza.

Patna High Court Cr.Misc. No.76713 of 2018(3) dt.01-02-2019 2/3 It is submitted by learned counsel for the petitioner that the thrust of accusation is against co-accused Md. Jawed Ali Reza, who has been granted regular bail by a co-ordinate Bench of this Court vide order dated 19.04.2018, passed in Criminal Miscellaneous No.10990 of 2018. It is further submitted that in fact, the petitioner has no role to play in the co-accused Md. Javed Ali Reza getting the employment on the basis of forged certificates and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition to the effect that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that though the thrust of accusation is against co-accused Md. Jawed Ali Reza, but the petitioner has complicity in commission of the offence. Considering the thrust of accusation against, co-accused Md. Jawed Ali Reza being granted bail by a co-ordinate Bench of this Court and the investigation being concluded, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.76713 of 2018(3) dt.01-02-2019 3/3 satisfaction of learned SDJM, Manjhaul, District-Begusarai, in connection with Khodawandpur (Chhaurahi O.P.) P.S. Case No.152 of 2016.

(Dinesh Kumar Singh, J) Ashwini/- U T