Sunder Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38680 of 2022 Arising Out of PS. Case No.-267 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== SUNDER KUMAR Son of Late Raj Kumar Sharma Resident of Village - Khanjahanpur, P.S.- Buniyadganj, District - Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 39372 of 2022 Arising Out of PS. Case No.-267 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== PANKAJ KUMAR Son of Kapildeo Narayan Singh Resident of Village - Shambey, P.S.- Warsaliganj, District - Nawadah. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 38680 of 2022) For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 (In CRIMINAL MISCELLANEOUS No. 39372 of 2022) For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 420, 467, 468, 471,

Patna High Court CR. MISC. No.38680 of 2022(2) dt.15-11-2022 2/3 120(B) of the Indian Penal Code.

Allegedly, the petitioners got appointment as Prakhand Teacher on the basis of forged certificate.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. He further submits that the petitioners have already resigned from their services. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail applications.

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

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Nardiganj P.S. Case No.267 of 2021, subject to the conditions as

Patna High Court CR. MISC. No.38680 of 2022(2) dt.15-11-2022 3/3 laid down under Section 438(2) of the Cr.P.C. However, learned court below shall accept the bail bonds of the petitioners only after verifying whether the petitioners have resigned from their service or not.

(Anjani Kumar Sharan, J) shikha/- U T