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Patna High CourtCR. MISC./47100/2017bail granted

Lagandeo Ray v. The State Of Bihar

2018-01-05Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47100 of 2017 Arising Out of PS. Case No.-17 Year-2017 Thana- AKILPUR District- Patna ====================================================== Lagandeo Ray, Son of Ramanuj Ray, Resident of village- Bataruli, P.O.- Gangahara, P.S. Akilpur, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Sinha For the Opposite Party/s :

Mr. ANANT KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Akilpur Police Station Case No. 17 of 2017, disclosing offences under Sections 420, 467, 468 and 471 of the Indian Penal Code. It is alleged against the petitioner that he used forged experience certificates purportedly issued by the Mukhiya and the Panchayat Secretary of Akilpur Gram Panchayat for securing his appointment as Panchayat Teacher. Learned Counsel appearing on behalf of the petitioner has submitted that treating the said document to be forged and fraudulently obtained, service of the petitioner was earlier terminated. However, the order terminating services of the

Patna High Court Cr.Misc. No.47100 of 2017(4) dt.05-01-2018 2/3 petitioner has been set aside by this Court by an order, dated 27.04.2017, passed in CWJC No. 6144 of 2017, on the ground of breach of principles of natural justice.

He has submitted that there is no conclusive finding as yet as to whether the documents which the petitioner used were forged and fabricated and the same can be seen only upon forensic examination.

Be that as it may, since the decision of the appointing authority cancelling appointment of the petitioner on the ground of the said documents being forged has been interfered with by the Court and learned Counsel for the petitioner has submitted that the petitioner shall not flee from the course of investigation or trial, this application is allowed.

Let the petitioner, Lagandeo Ray, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VI, Danapur, in connection with Akilpur Police Station Case No. 17 of 2017, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall

Patna High Court Cr.Misc. No.47100 of 2017(4) dt.05-01-2018 3/3 present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √