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Patna High CourtCR. MISC./40908/2022allowed

Dilip Kumar Jha v. The State Of Bihar

2022-11-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40908 of 2022 Arising Out of PS. Case No.-310 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== DILIP KUMAR JHA S/o Vidyasagar Jha R/o village- Gawpur, P.S.- Sarairanjan, District- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42006 of 2022 Arising Out of PS. Case No.-310 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== NIRANJAN KUMAR Son of Jagdish Rajak Resident of Village - Koilam, P.s.- kalyanpur, Distt.- Samstipur.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 40908 of 2022) For the Petitioner/s :

Mr.Md. Hussamuddin Azad, Adv.

For the Opposite Party/s :

Mr.Ram Ram Priya Sharan Singh, APP.

(In CRIMINAL MISCELLANEOUS No. 42006 of 2022) For the Petitioner/s :

Mr.Md. Hussamuddin Azad, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Chaudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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

Petitioners apprehend their arrest in a case registered for offence punishable u/s 420, 467, 468, 471 and 120(B) of the IPC.

Patna High Court CR. MISC. No.40908 of 2022(2) dt.24-11-2022 2/3 Allegedly, the petitioners on the basis of forged certificates got the job of teacher and they have been given wrong weightage on the said experience certificates. 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 the false, frivolous and concocted case. It is further submitted that the petitioners were appointed as Teacher in the year 2008 on the basis of experience certificate given by the District Education Officer, Samastipur and if the certificates issued by the authority is fake and forged then the said Authority is responsible. Petitioners had no knowledge about the forged certificates. There is general and omnibus allegation against the petitioner.

Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for 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 connection with Kalyanpur P.S. Case No.310 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, learned Court below is directed to accept the

Patna High Court CR. MISC. No.40908 of 2022(2) dt.24-11-2022 3/3 bail bond of the petitioners after verifying this fact whether the petitioners have resigned from their service or not and in case it is found that they have not resigned from the services, their bail bond shall not be accepted by the learned court below. (Anjani Kumar Sharan, J) divyanshi/- U T