Patna High CourtCR. MISC./47049/2016disposed

Bhola Yadav And ANR v. The State Of Bihar

2016-12-14Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47049 of 2016 Arising Out of PS.Case No. -1 Year- 2015 Thana -CHANDRADEEP District- JAMUI ======================================================

1. Bhola Yadav, S/o Sitaram Pd. Yadav R/o Vill+P.O.- Islamnagar, P.S.- Chandradip District- Jamui.

2. Subhas Kumar S/o Tapeshwar Yadav R/o Vill- Sahadi P.S.- Ariyari, Distt- Shekhpura.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Amar Prakash For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-12-2016 Learned counsel for the petitioner wants to withdraw the application filed on behalf of petitioner No.2 i.e. Subhas Kumar as he has been arrested by the Police.

In view of the above, the application filed on behalf of the petitioner No.2, namely, Subhas Kumar is dismissed as withdrawn.

Heard leaned counsel for the petitioner Bhola Yadav and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Chandradeep P.S. Case No. 01 of 2015, registered under Sections 467, 468, 419, 420 and 471 of the Indian Penal Code, pending in the court of the Judicial Magistrate, 1st Class, Jamui. The accusation is that petitioner No. 1 Bhola Yadav

Patna High Court Cr.Misc. No.47049 of 2016 (2) dt.14-12-2016 2/2 and others got job of block teacher on the basis of forged TET Certificate.

Learned counsel for the petitioner submits that while petitioner has discharged his duty as block panchayat teacher, but he has not withdrawn a single penny as remuneration. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner Bhola Yadav is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T