Patna High CourtCR. MISC./47970/2023bail granted

Sherajuddin Ansari@ Serazuddin Ansari v. The State Of Bihar

2023-08-23Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47970 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== SHERAJUDDIN ANSARI@ SERAZUDDIN ANSARI SON OF AZMULLAH ANSARI RESIDENT OF VILLAGE -BAKHARI PO -MATIYARI PS- BAIKUNTHPUR DISTRICT -GOPALGANJ ... ... Petitioner/s

Versus

The State of Bihar BIHAR 2.

THE SUPERINTENDENT OF POLICE, VIGILANCE INVESTIGATION BUREAU, PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Garg For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-08-2023

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Mohammadpur PS Case No. 04 of 2023 dated 06-01-2023 registered under Section 420, 467, 468, 471, 120B of the IPC.

3. As per the F.I.R. the petitioner obtained employment as Panchayat Teacher on the basis of forged B.E.T.E.T. mark sheet.

4. Learned counsel for the petitioner submits that petitioner was appointed in the year 2015 and the mark sheet produced by the petitioner has been found to be forged as per letter no. BSEB/VVC/792/2021 dated 01/09/2021 issued by the Bihar School Examination Board. Referring to the

Patna High Court CR. MISC. No.47970 of 2023(2) dt.23-08-2023 2/3 supplementary affidavit, learned counsel submits that petitioner has been removed from service pursuant to letter no. 12 dated 19-07-2023 issued by Panchayat Secretary of Gram Panchayat Raj Dumaria, Block- Singhwalia, district- Gopalganj and letter no. 691 dt: 01-03-2013 issued by District Programme Officer (Establishment), Gopalganj. The petitioner is no more in service. Similarly situated accused person of the same school has been granted anticipatory bail by a Co-ordinate Bench of this court in Cr. Misc. No. 29016 / 2023 dated 28.07.2023.

5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner has already been removed from service, the allegation against him is based upon documents for which custodial interrogation of the petitioner may not be necessary and similarly situated accused has been granted anticipatory bail by a Co-ordinate Bench of this court, as such, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.47970 of 2023(2) dt.23-08-2023 3/3 learned ACJM 7th, Gopalganj in connection with Mohammadpur PS Case No. 04 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T