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Patna High CourtCR. MISC./38979/2020bail granted

Basant Kumar v. The State Of Bihar

2021-10-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38979 of 2020 Arising Out of PS. Case No.-310 Year-2019 Thana- TARAIYA District- Saran ====================================================== BASANT KUMAR Son of Mokhtar Ram Resident of Village - Lakhanpur, Police Station - Mashrakh, District - Saran at Chapra, Presently posted as Assistant Teacher, Navshrijeet Primary School, Tikampur, Devi Asthan, P.S. - Taraiya, District - Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Binod Singh For the Opposite Party/s :

Mrs. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Taraiya P.S. Case no. 310 of 2019 instituted for the offence under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

As per allegation in the FIR, petitioner has been appointed as Assistant teacher on the basis of forged and fabricated certificate.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Several persons have been made accused in this case

Patna High Court CR. MISC. No.38979 of 2020(3) dt.26-10-2021 2/2 earlier also, who have already been granted bail by another coordinate Bench of this Court. By order dated 29.6.2020, similarly situated co-accused Sangita Kumari has been granted anticipatory bail passed in Cr. Misc. No. 83400 of 2019 by another co-ordinate Bench of this Court. This is a case of parity. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Taraiya P.S. Case no. 310 of 2019, he will be enlarged 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 ACJM-I, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T