Ataur Rahman @ Utaur Rahman @ Md. Ataur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76269 of 2018 Arising Out of PS. Case No.-73 Year-2017 Thana- MOTIPUR District- Muzaffarpur ====================================================== Ataur Rahman @ Utaur Rahman @ Md. Ataur Rahman, S/o Md. Mojibur Rahman, R/o Village- Pagahia Raiti, Parsauni, P.S.- Kathaiya DistrictMuzaffarpur was working as Panchayat Teacher in Govt. Primary School, Alpsankhayak Tola, Mahima Gopinathpur Block- Motipur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Manoj, Adv.

For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406, 420, 468, 471 and 120(B) of the I.P.C.

The prosecution case is that the petitioner got employed as teacher in panchayat on the basis of forged TET (Teachers Eligibility Test) certificate.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.76269 of 2018(2) dt.17-01-2019 2/3 petitioner that after due inquiry of the appointment, it is found that 335 teachers have been appointed as panchayat teachers on the basis of forged TET certificate. They were subsequently suspended and now they have also been terminated, including the petitioner. It is further submitted that similarly situated coaccused persons were granted privilege of anticipatory bail by co-ordinate Benches of this Court vide Cr. Misc. No.7361 of 2018, 35499 of 2017, 20468 of 2018 and 6039 of 2018. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by the learned APP for the State that there is specific accusation against the petitioner.

Considering the fact that the petitioner has been terminated from service, similarly situated co-accused persons were granted privilege of anticipatory bail by co-ordinate Benches of this Court, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.76269 of 2018(2) dt.17-01-2019 3/3 satisfaction of the learned S.D.J.M., West Muzaffarpur in connection with Motipur P.S. Case No. 73 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T