Dularchand Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2727 of 2019 Arising Out of PS. Case No.-13 Year-1999 Thana- HASANPUR District- Samastipur ====================================================== Dularchand Tanti, son of Late Mahavir Tanti, Resident of VillageChotkimauji, P.S.-Bakhri, District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gouranga Chatterjee, Advocate.

For the Opposite Party/s :

Mr.Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Hasanpur P.S. Case No. 13 of 1999, instituted for the offence under Section(s) 406 and 420 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner had joined as primary school teacher on 7.4.1983. He received notice in the departmental enquiry and finally was dismissed from service on the allegation that he got appointment on the basis of fake certificates. Counsel for the petitioner further submits that petitioner has moved the Hon'ble Court challenging the aforesaid order cancelling his appointment by CWJC No. 1262 of 1999. The order passed by the authority was set aside by this Hon'ble Court and the respondents were

Patna High Court Cr.Misc. No.2727 of 2019(4) dt.07-02-2019 2/2 directed to hold fresh enquiry in accordance with law. Pursuant to the above order, a fresh enquiry was held and the appointment of the petitioner was cancelled by order dated 7.2.2001 which was also challenged by the petitioner vide CWJC No. 13330 of 2001 which was dismissed by order dated 3.7.2009. The instant criminal case has been filed against the petitioner by the informant in which cognizance has been taken on 22.10.2009.

Petitioner is in custody since 21.8.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Rosera, Distt. Samastipur, in connection with Hasanpur P.S. Case No. 13 of 1999, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T