Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35941 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== ASHISH KUMAR son of Ranjan Kumar Sinha @ Ranjan Sinha R/o- Panhash Musahari Tola Ward no-27, Suhirdnagar, Ps- Mufassil, Dist- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

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

For the Petitioner/s :

Mr. Sarvottam Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Cheriya Bariyarpur P.S. Case No. 10 of 2023 dated 18.01.2023, instituted for the offence punishable under Sections 420, 467, 468, 471 an 120(B) of the Indian Penal Code.

3. The allegation against the petitioner is that the petitioner has been appointed as Niyojit Teacher in Primary School on the basis of forged marksheet of matriculation.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that vide letter no. 3194 of District Education Officer, the date of dismissal has been shown as

Patna High Court CR. MISC. No.35941 of 2023(2) dt.21-07-2023 2/2 22.08.2022 whereas much before his dismissal, the petitioner was asked not to sign on attendance register on 22.09.2021 vide letter no. 550 of Block Education Officer. Lastly, it has been submitted that he has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest/surrender of the petitioner in connection with Cheriya Bariyarpur P.S. Case No. 10 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Manjhaul, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) prabhat/- U T