Patna High CourtCR. MISC./46089/2019bail granted

Arun Kumar Chaubey v. The State Of Bihar

2019-07-25Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46089 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== ARUN KUMAR CHAUBEY Son of Padbhakar Chaubey Resident of VillageBaddha Pratappur, P.S-Nuaon, District-Kaimur (Bhabhua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 420, 467,468, 471, 120(B) IPC registered in connection with Ramgarh (Nuaon) P.S. Case No. 98/2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation that he has got employment as a Primary Teacher by interpolating the marksheet of Bihar School Examination Board and the marks on verification by the authorities does not tally with the certificate issued by the Bihar School Examination Board, Patna. A statement is made at the Bar that the petitioner has since resigned from service and undertakes not to join the school again. The petitioner claims clean antecedents.

4. Be that it may, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned ACJM, Kaimur at Bhabhua in

Patna High Court CR. MISC. No.46089 of 2019(2) dt.25-07-2019 2/2 connection with Ramgarh (Nuaon) P.S. Case No. 98/2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

6. The provisional bail granted to the petitioner shall be confirmed upon verification that the petitioner has resigned from service.

7. The authorities shall be at liberty to take steps for recovery of the salary already drawn by the petitioner during his employment as Panchayat Teacher.

(Vikash Jain, J) Chandran/- U T