Upendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30300 of 2018 Arising Out of PS.Case No. -414 Year- 2017 Thana -SHERGHATI District- GAYA ======================================================
1. Upendra Kumar, S/o Shri Dasu Yadav, R/o Vill.- Jamunaiya, Post Office- Hardawan, P.S.- Dobhi, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Sherghati (Dobhi) P.S. Case No.414 of 2017 instituted for the offence under Section(s) 420, 467, 468, 471 and 409 Indian Penal Code. Allegation against the petitioner is that in the light of order of Hon'ble High Court passed in PIL being CWJC No.15459 of 2014, educational and training certificate of primary teachers were being examined. During verification, mark-sheet of Up-Shashtri (Inter) issued by Kameshwar Singh Darbhanga Sanskrit University submitted by the petitioner was found to be fake and wrong on verification.
Learned counsel for the petitioner submits that he
Patna High Court Cr.Misc. No.30300 of 2018 (4) dt.29-06-2018 2/3 has filed original mark-sheet of Up-Shashtri (Inter) issued by Kameshwar Singh Darbhanga Sanskrit University. He had appeared in the aforesaid examination and was selected by the Committee. Vide order of the DM dated 04.01.2013, he joined in the school and is working till date. Counsel for the petitioner has further submitted that he is ready to co-operate with the investigation and he will not abscond.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sherghati (Dobhi) P.S. Case No.414 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati, Gaya, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers
Patna High Court Cr.Misc. No.30300 of 2018 (4) dt.29-06-2018 3/3 with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) JA/- U T