Sangita Kumari And ORS v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9962 of 2019 Arising Out of PS. Case No.-697 Year-2016 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

Sangita Kumari, D/o Sri Subhash Das, Resident of Village and P.O.- Hario, P.S.- Bihpur, District- Bhagalpur.

2.

Mithilesh Singh @ Mithilesh Gupta, Son of Brahamdeo Singh Resident of Village and P.O.- Hario, P.S.- Bihpur, District- Bhagalpur. 3.

Jitendra Gupta @ Jitendra Kumar Gupta, Son of Late Prithvi Chandra Sah Resident of Village and P.O.- Hario, P.S.- Bihpur, District- Bhagalpur. 4.

Prabhat Kumar Das, Son of Sikandar Das Resident of Village - Jamalpur, P.O. and P.S.- Bihpur, District- Bhagalpur.

... ... Petitioners

Versus

1.

The State of Bihar 2.

The Vigilance Investigation Bureau, Bhagalpur Range, Bhagalpur. Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2019 Petitioners seek bail in anticipation of their arrest in connection with Kotwali (Adampur) P.S. Case No. 697 of 2016, registered for the offences punishable under Sections 409, 420, 467, 468, 471 and 120B of the Indian Penal Code. Allegation against the petitioners is that they have obtained appointment as Panchayat Teacher on the basis of forged document and on enquiry the documents were found to be forged.

Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.9962 of 2019(3) dt.25-04-2019 2/3 that they have already suffered as their services were dismissed and they are ready to return the Government money which they have taken during service period and similarly situated several co-accused persons have been granted anticipatory bail, which will appear from Annexure-2 series.

Heard learned APP and learned counsel for the Vigilance Department.

Having heard both sides and in the facts and circumstances, as stated above, let petitioners, above named, surrender in the court below within a period of six weeks from the receipt of this order and on surrender they shall be released on provisional bail for a period of twelve months on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Adampur) P.S.Case No. 697 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioners will have to return the entire Government money which they have received

Patna High Court CR. MISC. No.9962 of 2019(3) dt.25-04-2019 3/3 during service period within twelve months and once the amount is deposited, they produce such certificate before the court below, on being satisfied with the same, their bail bonds shall be confirmed, otherwise the court below is free to pass any other order(s) as it may deem fit and proper. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T