Md Jan Nawaj Alam @ Md Janwaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39540 of 2023 Arising Out of PS. Case No.-396 Year-2021 Thana- AMARPUR District- Banka ====================================================== Md Jan Nawaj Alam @ Md Janwaz Alam Son of Md Sajjad Hussain Resident of Village - Douna, P.S. - Amarpur, District - Banka ... ... Petitioner

Versus

1.

The State of Bihar Bihar, Patna 2.

Bipin Kumar, S.P. Vigilance Bureau, Bhagalpur, Bihar Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nadimul Hasan, Advocate For the Opposite Party/s :

Mr. Arvind Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Amarpur P.S. Case No. 396 of 2021 registered for the offence punishable under Sections 420, 467, 468, 471 and 120 -B of the Indian Penal Code.

3. As per prosecution case, it is alleged that petitioner has got appointment on the post of teacher in Pronnat Middle School, Pawaiya on the basis of forged Intermediate Mark Sheet.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case on the basis of suspicion only. The certificates produced by

Patna High Court CR. MISC. No.39540 of 2023(2) dt.28-07-2023 2/2 the petitioner is genuine and valid and he has challenged the direction in Letter dated 06.08.2022 issued by the authority restraining him to attend the school. Further, it is submitted that similarly situated four co-accused persons have been granted anticipatory bail by Coordinate Benches of this Court vide orders dated 21.09.2022, 14.12.2022, 21.11.2022 and 24.11.2022 passed in Cr. Misc. Nos. 68190 of 2021, 65222 of 2021, 13613 of 2022 and 65256 of 2021 respectively.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned C.J.M. Banka District Banka in connection with Amarpur P.S. Case No. 396 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) shweta/- U T