Imteyaz Ahmad @ Imteyaj Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48784 of 2017 Arising Out of PS.Case No. -151 Year- 2017 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Imteyaz Ahmad @ Imteyaj Ahmad, S/o Md. Nazir Miyan, Resident of Vill- Bela, P.S.- Ramgarhwa, Dist- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner as well as learned Additional P.P.

This application, for grant of anticipatory bail, arises out of Ramgarhwa P.S. Case No. 151/2017, disclosing offences under Sections 420, 467, 468, 471, 472 and 120B of the Indian Penal Code.

The allegation against the petitioner is of getting appointment to the post of Village Postman in the Postal Department on the basis of forged mark- sheet, issued by the Bihar Sanskrit Shiksha Board.

It is the case of the petitioner that he had not passed any examination held by the Bihar Sanskrit Shiksha Board, rather

Patna High Court Cr.Misc. No.48784 of 2017 (2) dt.16-11-2017 2/3 he holds for Faukaniya qualification conferred by Bihar State Madarsa Education Board, Patna.

Learned counsel for the petitioner has submitted that there was no occasion for the petitioner to have submitted the certificate issued by the Bihar Sanskrit Shiksha Board, when, he was having qualification with good marks in Faukania. He has also submitted that the entire allegation is based on documents and therefore, there is no chance of tampering with the evidence and there is no chance for the petitioner fleeing away from the course of investigation or trial, if he is granted anticipatory bail. Considering the facts aforesaid, this application is allowed. Let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks, 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 the learned Sub Divisional Judicial Magistrate, Motihari, East Champaran in connection with Ramgarhwa P.S. Case No. 151/2017, subject to the condition laid down under Section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to

Patna High Court Cr.Misc. No.48784 of 2017 (2) dt.16-11-2017 3/3 appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Rakhi U T