Peshkar Ali @ Md. Peshkar Ali v. The State Of Bihar

Patna High Court Cr.Misc. No.1367 of 2017 (5) dt.07-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1367 of 2017 Arising Out of PS.Case No. -432 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Peskar Ali @ Md. Peshkar Ali, Son of Late Sajjad, resident of VillageChandmar ghorabari Police Station- Angrah, District- Purnia. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Adv. For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-03-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kishangunj Police Station Case No. 432 of 2016, disclosing offences under Sections 419, 420, 120(B), 467, 468, 471/34 of the Indian Penal Code.

Allegation against the petitioner is that he has got job of contract teacher on the basis of false certificate. Learned Senior counsel for the petitioner has submitted that admittedly the petitioner was appointed as contract teacher after due verification of his certificates but during course of inquiry, the certificate of this petitioner have found to be forged and fabricated and for which the F.I.R. has

Patna High Court Cr.Misc. No.1367 of 2017 (5) dt.07-03-2017 been instituted against him, resultantly, the petitioner has been removed from service. Petitioner, who is of clean antecedents, is innocent. Moreover, co-accused Marjina Khatun, has already been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 3070 of 2017. Hence, the petitioner also deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj Police Station Case No. 432 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T