Shiv Nath Choudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.46446 of 2015 (4) dt.04-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46446 of 2015 Arising Out of PS.Case No. -364 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== Shiv Nath Choudhary Son of Jagdish Choudhary, Resident of Village - Kharka Telwa, P.S. - Nauhatta, District - Saharsa. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Chandra Mohan Jha, Advocate For the Opposite Party : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Araria P.S. Case No. 364 of 2015 for the offence instituted under Sections 420, 467, 468, 471, 409 and 120(B) of the Indian Penal Code.

As per prosecution case, by way of unfair means petitioner got himself appointed as a Panchayat teacher. As per the report of the informant Anjani Kumar, S.I. Vigilance, the petitioner submitted forged certificates and got appointment. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner had joined as a Panchayat teacher. On the verification of the certificate, it was

Patna High Court Cr.Misc. No.46446 of 2015 (4) dt.04-02-2016 found that the Post-graduate degree of the petitioner was not in order and on the basis of that the petitioner was terminated from the service and has not drawn any salary till his termination, hence there has been no wrongful loss to the State. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Araria P.S. Case No. 364 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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