Amir Paswan And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43376 of 2016 Arising Out of PS.Case No. -465 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Amir Paswan S/o Anandi Paswan Resident of Village-Parmanandpur, P.S.- Muffassil, District - Khagaria, Posted as Teacher, Primary School Gaura Mehsouri

2. Chandan Kumar Paswan S/o Asharfi Paswan Resident of Vill- Sansarpur, P.S.-Muffassil, District - Khagaria, Posted as Teacher, Primary School Mahua Mushahari .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Vigilance Investigation Bureau, Bihar Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Subhas Singh For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Khagaria (Muff) P.S. Case No. 465 of 2016, disclosing offences under Sections 467, 468, 471, 420 and 120B of the Indian Penal Code.

Allegedly the petitioners secured appointment as panchayat teachers on the basis of certificates issued by Madhyamik Sikha Parishad, Delhi. The said institution/board was subsequently found to be fake.

Learned counsel, appearing on behalf of the petitioners, has submitted that they had obtained certificates from the said

Patna High Court Cr.Misc. No.43376 of 2016 (2) dt.26-10-2016 2/2 board under the bonafide belief that the board was duly constituted and recognized by Central or State Government. He has further submitted that there is no allegation against the petitioners that the certificates, which they had produced, were forged. Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Muff) P.S. Case No. 465 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) sunil/-c U T