Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41490 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== SUJEET KUMAR S/o Yogendra Ram R/o village and P.O.- Bada Bariyarpur, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Soni, Adv.

For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in a case registered for the offence under Sections 467, 468, 471, 420 and 120(B) of the Indian Penal Code.

The petitioner is said to have obtained employment as Panchayat Niyojit Teacher on the basis of forged TET certificates. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner had been appointed in the year 2007 on the post of Panchayat Niyojit teacher after proper verification of his academic and required certificates. He further submits that pursuant to the order passed in C.W.J.C. No. 15459 of 2014, the present F.I.R. has been

Patna High Court CR. MISC. No.41490 of 2022(2) dt.04-11-2022 2/3 instituted and during course of investigation, it is found that the academic certificates of the petitioner have been found genuine and he has not submitted any forged and fabricated documents for the purpose of obtaining employment on the post of teacher. He further submits that several accused persons having more or less similar allegation have been granted anticipatory bail by different co-ordinate Benches of this Court, copies of the orders are annexed as Annexure-5 to this application. Hence, the petitioner may be granted the privilege of anticipatory bail. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of arrest of surrender before the court below within a period of four weeks from the date of order 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 Court below where the case is pending in connection with Raxaul P.S. Case No. 06 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. as also with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.41490 of 2022(2) dt.04-11-2022 3/3 reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T