Raj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 38850 of 2020 Arising Out of PS. Case No.-310 Year-2019 Thana- TARAIYA District- Saran ====================================================== Raj Kumar Gupta, aged about 30 years, Gender-Male, Son of Om Prakash Sah @ Om Prakash Gupta, Resident of Village- Belahri, P.S.- Taraiya, District- Saran at Chapra, presently posted as Assistant Teacher, Nav Shrijit Primary School, Ankuchak, Shiv Mandir, Panchayat Raj, Pachraur, P.S.- Taraiya, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindhyachal Singh, Sr. Advocate with Mr. Ram Binod Singh, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-10-2021 Heard Mr. Bindhyachal Singh, learned senior counsel appearing on behalf of the petitioner and Mr. Upendra Kumar, learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in connection with Taraiya P.S. Case No. 310 of 2019, dated 10.10.2019 registered for offence punishable under Section 420, 467, 468, 471, 120(B) of the Indian Penal Code.

On the basis of letter no. 364 dated 09.10.2019 of the Police Inspector of Vigilance Department-cum-Assistant Investigator, Niyojit Shikshak Saran at Chapra to the SHO of Taraiya PS Saran, the accusation against the petitioner is of having obtained the appointment as a teacher by furnishing

Patna High Court CR. MISC. No.38850 of 2020(2) dt.28-10-2021 2/3 forged certificate to Teachers Eligibility Test (TET). The aforesaid acquisition has been denied on behalf of the petitioner and it has been submitted that several persons were made accused in the said case and most of them have been granted bail by different benches of this Court. It has also been submitted that the petitioner has been dismissed from service and putting him in departmental proceeding.

Learned counsel further submits that by way of supplementary affidavit he has brought on record the order of this Court passed in Cr. Misc. No. 37486 of 2020 dated 09.04.2021 relating to one Baby Kumari, who has also a teacher named in the said above mentioned FIR has been granted anticipatory bail.

Learned counsel appearing on behalf of the State opposes the prayer for grant of anticipatory bail of the petitioner.

Considering the facts and circumstances of the case let the above named petitioner be released on bail, in the event of his arrest or surrender before the Court below within four weeks from the date of receipt/production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.38850 of 2020(2) dt.28-10-2021 3/3 the learned ACJM-I, Saran at Chapra in connection with Taraiya P.S. Case No. 310 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Purnendu Singh, J.) Anand Kr.

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