Sanjeev Kumar @ Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41110 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- DESARI District- Vaishali ====================================================== Sanjeev Kumar @ Sanjiv Kumar, aged about 47 years (Male), Son of Late Deo Lal Das, Resident of Village - Kumharkol Bujurg, P.O-Rampur Kumharkol, P.S.-Desari (Sahdei O.P.), District-Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr.M.K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Desari (Sahdei O.P.) P.S. Case No.91 of 2019, registered for the offence under Sections 406, 409, 420, 467, 468 and 471 of the Indian Penal Code.

The petitioner has been appointed as regular teacher in Upgraded School. The Training Certificate on the basis of which the petitioner was selected, was verified by the District Programme Officer and found the same to be genuine, but later on, on a private complaint, the present case has been lodged.

Learned counsel for the petitioner submits that no inquiry has been conducted after receipt of the complaint with regard to genuineness of his Training Certificate, but

Patna High Court CR. MISC. No.41110 of 2019(2) dt.04-07-2019 2/2 straightway, without holding any inquiry, he has been terminated from the service as well as criminal case has been lodged against him.

Looking to the entire facts and circumstances of the case, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Vaishali, in connection with Desari (Sahdei O.P.) P.S. Case no.91 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. However, it is made clear that if the charge-sheet with regard to genuineness of the training certificate is filed against the petitioner, in such circumstance, the petitioner will have to surrender before the Court below and make prayer for regular bail.

(Shivaji Pandey, J) pawan/- U T