Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24241 of 2023 Arising Out of PS. Case No.-541 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== CHANDAN KUMAR S/O CHANDESHWAR PRASAD SINGH R/O Village- Kharika, P.S- Bidupur, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bidupur Police Station Case No. 541 of 2021, disclosing offences punishable under Sections 420/468/471/120-B/467 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner obtained employment as Block Teacher on the basis of forged mark-sheet of Intermediate. Learned Counsel for the petitioner submits that the petitioner, at the time of employment, had produced the mark sheet, however, the same was reported as forged by the Bihar School Examination Board, Patna. He further submits that proper enquiry was not conducted at the time of verification of

Patna High Court CR. MISC. No.24241 of 2023(2) dt.07-07-2023 2/3 the certificate of the petitioner. He further submits that the petitioner has resigned from service on 01.06.2021. He further submits that similarly situated co-accused person, namely, Karuna Kumari, has been granted anticipatory bail by a coordinate Bench of this Court, vide order, dated 21.06.2022, passed in Criminal Misc. No. 9470 of 2022.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the allegation against the petitioner is based upon documents and custodial interrogation of the petitioner may not be required and similarly situated co-accused has been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released 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 Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Bidupur Police Station Case No. 541 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal

Patna High Court CR. MISC. No.24241 of 2023(2) dt.07-07-2023 3/3 Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √