Md. Jakir v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50156 of 2017 Arising Out of PS.Case No. -89 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Md. Jakir Son of Md. Wasir, R/o Village- Saidpur, Post Office-Narhan, P.S.- Bibhutipur, District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Vigilance Investigation Bureau, Patna, Bihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bibhutipur P.S. Case No. 89 of 2017 instituted for the offence under Sections-420, 467, 468, 471, 120(B) of the Indian Penal Code.

It has been submitted that the petitioner produced experience certificate issued by District Mass Education Officer dated 31-10-2008 at the time of his appointment as contract teacher. The aforesaid experience certificate was later on alleged by the informant to be forged on the basis of report submitted by the DPO vide Memo No. 203 dated 23-03-2017 which is part of the FIR. Counsel for the petitioner has submitted that he has been granted certificate by District Mass Education Officer, Samastipur on 31-10-2008. He has produced the original copy of aforesaid certificate issued in his favour during hearing of this bail petition. He has enclosed

Patna High Court Cr.Misc. No.50156 of 2017 (3) dt.05-01-2018 self attested copy of that certificate at the time of his appointment. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Bibhutipur P.S. Case No. 89 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Rosera, Samastipur subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) A.K.V.