Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41885 of 2024 Arising Out of PS. Case No.-366 Year-2022 Thana- RUPAULI District- Purnia ====================================================== PANKAJ KUMAR SON OF NIM NARAYAN PRASAD SAH RESIDENT OF VILLAGE - BAGHAIL, P.S. - JADIYA, DISTRICT - SUPAUL ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

THE VIGILANCE DEPARTMENT, PATNA, BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Harish Kumar, Advocate For the State :

Mr. Ajay Mishra, APP For the Vigilance :

Mr. Arvind Kumar, Spl.PP Mr. Paritosh Parimal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2024 Heard learned counsels for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 420, 467, 468 , 471 and 120B of the Indian Penal Code .

3. As per the prosecution case, petitioner is alleged to have procured appointment on the post of Panchayat Teacher on the basis of forged and fabricated certificates.

4. It is submitted by learned counsel appearing on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case. At the time of appointment, petitioner furnished all the relevant documents and after verification of those documents by the competent authority,

Patna High Court CR. MISC. No.41885 of 2024(4) dt.30-07-2024 2/2 petitioner was appointed as Panchayat Teacher. Petitioner has committed no offence. It is lastly submitted that petitioner has already been terminated from service vide Memo No. 17 dated 19.02.2018. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State and learned Spl.PP for the Vigilance have opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation, the fact that petitioner has already been terminated from the services and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 J.M. 1st Class, Purnea, in connection with Rupauli P.S. Case No. 366 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T