Sunil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14564 of 2018 Arising Out of PS.Case No. -51 Year- 2017 Thana -DANDARI District- BEGUSARAI ====================================================== Sunil Kumar, son of Shivnandan Paswan, resident of Village- Jaimra, Ward No. 6, P.O. Tilrath, P.S. Barauni, District Begusarai. .... .... Petitioner

Versus

1. The State of Bihar.

2. Department of Vigilance through Superintendent of Police, Investigation Beuaro, Patna.

.... .... Opposite Parties ====================================================== with Criminal Miscellaneous No.19930 of 2018 Arising Out of PS.Case No. -51 Year- 2017 Thana -DANDARI District- BEGUSARAI ======================================================

1. Seema Kumari, daughter of Ram Pravesh Ray, wife of Amar Kumar Sudhanshu, resident of village Sonbarsa, Ward No.3, P.O.

Paramanandpur, P.S. Ballia, District Begusarai

2. Om Prakash Mahton @ Oam Prakash Mahton, son of Mogal Mahton, resident of village Mansherpur, P.O. Paharpur, P.S. Ballia, District Begusarai .... .... Petitioners

Versus

1. The State of Bihar

2. Department of Vigilance through Superintendent of Police, Investigation Bureau, Patna .... .... Opposite Parties ====================================================== Appearance :

(In both the cases) For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Ramakant Sharma, Sr.Advocate with Mr. Rabindra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2018 Heard learned counsel for the petitioners in both the cases.

Petitioners apprehend their arrest in connection with Dandari P.S.Case No. 51 of 2017 registered for the offences

Patna High Court Cr.Misc. No.14564 of 2018 (3) dt.23-04-2018 2/3 punishable under Sections 467, 468, 371, 420 and 120B/34 of the Indian Penal Code.

Allegation against the petitioners in both the cases is that on the forged certificate they have been appointed. Submission of learned counsel for the petitioners is that the mark sheets which have been submitted at the time of appointment are still being shown in the website of Bihar School Examination Board and, as such they have falsely been implicated in this case.

Heard learned counsel for the Vigilance Department, who has opposed the prayer for anticipatory bail of the petitioners. Having heard both sides and in the facts and circumstances, let the petitioners, above named, surrender in the court below within a period of four weeks from the receipt of this order and on their so surrendering they shall be released on provisional bail till submission of charge sheet on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Smt. Sweta Grawal, Chief Judicial Magistrate, 1st Class, Begusarai, in connection with Dandari P.S.Case No. 51 of 2017 on the condition that they have to co-operate to the Investigating Agency, otherwise their bail bonds shall be cancelled and further condition

Patna High Court Cr.Misc. No.14564 of 2018 (3) dt.23-04-2018 3/3 is that once charge sheet has been submitted against the petitioners, they shall have to surrender and make prayer for regular bail, which shall be considered on the basis of materials available on record at that time.

With the above observation, both the application stand disposed of.

(Vinod Kumar Sinha, J) spal/- U