Md. Isteayaq Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40729 of 2018 Arising Out of PS. Case No.-124 Year-2017 Thana- BIBHUTIPUR District- Samastipur ====================================================== Md. Isteayaq Alam, Son of Noor Alam, resident of Village Mahthi, Mandiya Tole, P.S. Vibhutipur, District Samastipur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The State of Bihar through Department of Vigilance, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Asgher Najmi, Adv.

For the Opposite Party/s :

Smt. Anita Kumari Singh, APP 161 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Vibhutipur P.S. Case No. 124 of 2017 instituted for the offence under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

Learned counsel for the petitioner submits that as per the allegation serial number has been changed and some forgery has been made on the record of Bihar School Examination Board. It has been submitted that petitioner has submitted the original certificate at the time of his employment. Petitioner has neither fabricated nor tampered any document. It is, further, submitted that other co-accused of this case, with similar allegation, has been granted anticipatory bail by this

Patna High Court Cr.Misc. No.40729 of 2018(2) dt.10-07-2018 2/2 Court in Cr. Misc. No. 18594 of 2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Vibhutipur P.S. Case No. 124 of 2017 he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, V, Rosera, subject to the conditions as laid down under Section 438(2) Criminal Procedure Code 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 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.