Raj Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33686 of 2019 Arising Out of PS. Case No.-329 Year-2015 Thana- ARA NAGAR District- Bhojpur ====================================================== RAJ KUMAR PRASAD Son of Ram Chandra Ram Resident of VillageJokhari, Post- Mahuli Ghat, P.S.- Ara Muffasil, District- Bhojpur at Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Ara Nagar P.S.Case No.329 of 2015 , registered for offences punishable under Sections 467, 468, 471, 409, 420, 420, 120-B of the Indian Penal Code.

Allegation against the petitioner is that he was appointed as the Niyojit Teacher on the basis of forged certificate and he has been removed from the service but he has not returned the amount, which he has received as a teacher.

Submission of the learned counsel for the petitioner is that he has already suffered as he has been removed from service and he has worked for the period, as such he has not returned the amount.

Patna High Court CR. MISC. No.33686 of 2019(3) dt.02-08-2019 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, let the petitioner surrender before the learned court below on 13.8.2019 and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Ara Nagar P.S.Case No.329 of 2015 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate the Investigation Officer as well as the authority concerned in the inquiry or the investigation.

It is also made clear that this order will not debar the authority concerned to realize the amount from the petitioner. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T