Sujeet Kumar @ Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46192 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- SILAO District- Nalanda ====================================================== Sujeet Kumar @ Sujit Kumar Son Of Nandkishore Singh Village- Fatehpur P.O., P.S.- Nalanda, Distt.- Nalanda ... ... Petitioner/S
Versus
1.
The State Of Bihar 2.
The Superintendent Of Police, Vigilance Department, Govt.Of Bihar, Patna Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Om Prakash Prasad, Sr. Adv.
For the Opposite Party/s :
Mr. Ajay Mishra, APP.
For the Vigilance :
Mr. Arvind Kumar, Spl. PP Mr. Paritosh Parimal, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Silao P.S. Case No. 354 of 2023 dated 08.12.2023 instituted for the offence punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
3. The prosecution case, in short, is that the petitioner had joined as a Teacher at Utkramit Middle School, Panki, Silao (Nalanda) in the year 2010 on the basis of forged and fabricated mark sheet of Intermediate.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.46192 of 2024(3) dt.21-09-2024 2/3 case. It is further submitted that the petitioner is contesting the false allegation and submitted that he never submitted any forged and fabricated mark sheet, rather he got selection on merit. It is also submitted that petitioner has been dismissed from service on 28.03.2024. Lastly, it has been submitted that petitioner has clean antecedent.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Silao P.S. Case No. 354 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif, subject to condition as laid down under Section 438(2) of the Cr.P.C., as well as the following conditions:- I. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
II. One of the bailors will be his own blood relation,
Patna High Court CR. MISC. No.46192 of 2024(3) dt.21-09-2024 3/3 preferably father, mother, brother, sister and or his wife.
III. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
IV. 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.
(Khatim Reza, J) annpurna/- U T