Jitendra Kumar @ Jitendar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27373 of 2024 Arising Out of PS. Case No.-594 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Jitendra Kumar @ Jitendar Kumar S/o Sri Rajendra Prasad Resident of Village- Jandhari, P.O Nirpur, P.S. Ben, District Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Lal Mohammad, Police Inspector-cum-Enquiry Officer, Vigilance Investigation Bureau, Patna Division Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Bihari Singh, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, A.P.P.
Mr. Anil Singh, Law Officer, Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Vigilance Department.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.
3. The petitioner is alleged to have obtained appointment, as Panchayat Teacher, on the basis of forged and fabricated document(s).
4. It is submitted on behalf of petitioner that petitioner was appointed, as Panchayat Teacher, after investigation of all his education certificates by the concerned department, but later
Patna High Court CR. MISC. No.27373 of 2024(4) dt.16-05-2024 2/3 on, same has been declared as forged and fabricated without proper verification or giving any notice to the petitioner. It is further submitted that after institution of the present F.I.R., the District Programme Officer has issued a letter to the Block Development Officer-cum-Member Secretary, Block Teacher Niyojan Unit, Rajgir, vide letter no. 1197/LFkk0 dated 11/03/2024, whereby he has directed the concerned authority to terminate the services of this petitioner alongwith other nine persons. It is next submitted that similarly situated person namely Dhananjay Kumar, who was also recommended for termination, has been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 09.05.2024 passed in Cr.Misc. No. 26606 of 2024. Petitioner has got clean antecedent.
5. Learned counsel for the Vigilance Department vehemently opposes the prayer for anticipatory bail.
6. Considering the fact that petitioner has already been terminated from the service and he has got clean antecedent, let the above named petitioner, in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Biharsharif,
Patna High Court CR. MISC. No.27373 of 2024(4) dt.16-05-2024 3/3 Nalanda in connection with Rajgit P.S. Case No. 594 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T