Kumar Rohit Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60117 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -KHODABANDPUR District- BEGUSARAI ====================================================== Kumar Rohit Raj, S/o Shayam Babu Thakur, R/o Village- Korjana, P.S.- Cheria Bariarpur, District- Begusarai, at present Panchayat Tearcher Posted at Primary School Amari North, P.S.- Bariyarpur, District- Begusarai. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajanan Mishra, Advocate. For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khodabandpur P.S. Case No. 105 of 2017 instituted for the offence under Sections 467, 468, 471, 420 and 120(B)/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the instant case has been registered on the basis of observation of this Hon'ble High Court passed in CWJC No. 15459 of 2014. The enquiry was set up by the Vigilance department to enquire about the Academic certificates of the teachers appointed since 2006 to 2015. During enquiry, various certificates including the Matriculation certificates of teachers appointed as mentioned in the First Information Report were found forged. It has further been
Patna High Court Cr.Misc. No.60117 of 2017 (3) dt.12-02-2018 2/3 submitted that co-accused Rinku Kumar @ Rinku Kumari with similar allegation has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 10.01.2018 passed in Cr. Misc. 58671 of 2017.
The allegation against this petitioner is that during enquiry of Bihar School Examination Board certificates, there was some discrepancy found in Serial Number of the certificate. It is mentioned in the First Information Report itself at page 11 that all the columns filled up by the candidate was found to be correct and he was also found to be qualified.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Khodabandpur P.S. Case No. 105 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 learned Sub Divisional Judicial Magistrate, Manjhaul, Begusarai, 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
Patna High Court Cr.Misc. No.60117 of 2017 (3) dt.12-02-2018 3/3 present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers 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) S.Ali/- U T