Bishwanath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43577 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- RAJPUR District- Buxar ====================================================== BISHWANATH RAI S/o Ram Bilas Rai R/o village- Bankat, P.S.- Dumraon, District- Buxar. At present Secretary Gram Panchayat Sikraul Jalilpur, P.S.- Sikraul, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 467, 468, 471, 420 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant (Block Education Officer, Chausa, Buxar) instituted an FIR in pursuance of the direction of the superior authority alleging that the accused persons including the petitioner committed fraud in the register of teacher employment counseling held on 28.01.2022 and issued orders of deputation of teachers after exceeding their jurisdiction.

The learned counsel for petitioner submits that

Patna High Court CR. MISC. No.43577 of 2022(8) dt.28-06-2023 2/2 petitioner has been falsely implicated in the present case, it is next submitted that from bare perusal of the allegation as alleged in the FIR it would manifest that in the event, if what has been alleged is true then in that event, a departmental proceeding ought to have been initiated instead of instituting an FIR. It is next submitted that petitioner was never proceeded departmentally and a false case came to be instituted. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajpur P.S. Case No. 94 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T