Avinash Kumar v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23814 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== AVINASH KUMAR SON OF TRIBHUWAN NARAIN SINGH @ TRIBHUWAN SINGH R/O VILLAGE- BALIA PATTI, P.S.- G.B. NAGAR, DISTRICT- SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR THROUGH VIGILANCE BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arvind Kumar, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023

1. Heard learned counsel for the petitioner and learned Spl.P.P for the Vigilance.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. The informant alleges that petitioner secured appointment as teacher based on forged and fabricated marksheet.

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case based on an inquiry conducted behind his back in which no opportunity was given to the petitioner to explain his side of the case, it is further submitted

Patna High Court CR. MISC. No.23814 of 2023(2) dt.17-07-2023 2/2 that had an opportunity been given to the petitioner to explain his side of the case perhaps the present FIR would not have been instituted. The learned counsel asserts and submits that he has made specific pleading in the anticipatory bail application that the marksheet submitted by him based on which he secured appointment was not forged and fabricated.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sidhwalia P.S. Case No. 04 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T