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Patna High CourtCR. MISC./56047/2017bail granted

Ram Pravesh Prasad Chourasia @ Ram Pravesh Chourasia v. The State Of Bihar

2018-01-17Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56047 of 2017 Arising Out of PS. Case No.-152 Year-2016 Thana- KHODABANDPUR District- Begusarai ====================================================== Ram Pravesh Prasad Chourasia @ Ram Pravesh Chourasia S/o Late Sita Ram Chourasia, R/o Village- Chandaur, P.S.- Bhagwanpur, District- Begusarai. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Chandra Mauli Chaurasia For the Opposite Party/s :

Mr. SRI AWADHESH KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Khodabandpur (Chhaurahi O.P.) P. S. Case No. 152 of 2016 registered for the offences punishable under Sections 467, 468 and 420 of the Indian Penal Code.

Allegedly, Md. Javed Ali Reza was appointed as teacher on the basis of forged documents submitted before the Employment Unit and during investigation the name of the petitioner also transpires that he being the then Panchayat Secretary in collusion with the then Mukhiya got Md. Jabed Ali Reza appointed.

Submission is of false implication and that the petitioner is not named in the first information report, the FIR has been lodged after 11 years of the alleged appointment, there is no any

Patna High Court Cr.Misc. No.56047 of 2017(3) dt.17-01-2018 2/3 role of the petitioner either in the appointment or in any episode. Md. Javed Ali Reza @ Md. Javed Immam Manjar is sole responsible as he himself obtained two certificates in two names and obtained job of Shiksha Mitra and other job at another place on different certificate and cheated the committee in appointment proceeding the petitioner is no where, the appointment committee selected the main accused on the basis of merit list and thereafter, he joined his service. During departmental proceeding no. 01 of 2016-17 the Inquiry Officer also found the petitioner not guilty and as such the petitioner deserves sympathetic consideration.

Learned APP submits that during investigation it has transpired that at the time of final appointment, the petitioner was panchayat secretary in that panchayat and the mukhiya was own uncle of the main accused.

In the facts and circumstances stated above, considering that in departmental proceeding the petitioner has not been found guilty, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.56047 of 2017(3) dt.17-01-2018 3/3 A.C.J.M., Manjhaul, Begusarai in connection with Khodawandpur (Chhaurahi O.P.) P. S. Case No. 152 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T