Arjun Das v. The State Of Bihar Through The Vigilance Department
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45624 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Arjun Das S/O Nagendra Das Resident of village-Bedipatti Yogidhara, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s
Versus
The State Of Bihar through the Vigilance Department Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Shanker Singh, Adv.
For the Vigilance :
Mr. Arvind Kumar, Spl PP vigilance with Mr. Paritosh Parimal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned Spl. P.P. for the Vigilance Department.
2.The petitioner apprehends arrest in connection with Kalyanpur P.S. Case No. 65 of 2024 dated 13-03-2024, instituted for the offence punishable under Sections 420,467,468, 471 and 120B of the Indian Penal Code.
3. Allegation against the petitioner is that on the basis of forged certificate, he got himself appointed as Panchayat teacher.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner was appointed as Panchayat Teacher in the year 2010. It is further submitted that on the basis
Patna High Court CR. MISC. No.45624 of 2024(2) dt.07-08-2024 2/3 of direction of Education Department, Bihar, pursuant to order dated 14-07-2015 passed by this Court in CWJC No. 15459 of 2014, the petitioner had himself resigned from his service on 28-07-2015 by submitting his resignation before the Block Development Officer-cum-Secretary, Block Employment Committee, Kalyanpur, Samastipur. It is further submitted that petitioner had left his job and resigned from the service on 28-07-2015 itself within the general amnesty period as granted and extended by this Court and he had neither worked nor received any salary thereafter. Further, it is submitted that other similarly situated co-accused having resigned from the service even after amnesty period have been granted anticipatory bail by this Court. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned Spl. P.P. for the Vigilance Department has opposed the prayer for 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 Kalyanpur P.S. Case No. 65 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.45624 of 2024(2) dt.07-08-2024 3/3 sureties of the like amount each to the satisfaction of the learned CJM Samastipur, subject to condition as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U