Md. Sarfraz Alam @ Sarfraz Azam @ Md. Sarfraz Azam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51681 of 2017 Arising Out of PS.Case No. -182 Year- 2017 Thana -BAHADURGANJ District- KISANGANJ ======================================================
1. Md. Sarfraz Alam @ Sarfraz Azam @ Md. Sarfraz Azam, son of Ajmuddin, resident of village- Bishanpur, P.S.- Kochadhaman, DistrictKishanganj. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Vigilance Investigation Bureau, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP For the Vigilance : Mr. Ramakant Sharma, LO, I/c, Vigilance Mr. Rakesh Kumar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Bahadurganj P.S. Case No.182 of 2017 instituted for the offence under Section(s) 420, 467, 471, 120-B Indian Penal Code. Counsel for the petitioner has submitted that there is allegation that he has been appointed as Panchayat Teacher on the basis of fake mark-sheet of Maulvi issued by Madrasa Board. Counsel for the petitioner has pointed out that in the mark-sheet, which was submitted by this petitioner at the time of his appointment and is part of the First Information Report, it is mentioned, that he has secured 960 marks. Counsel for the petitioner has further pointed out Annexure-2, which is order of
Patna High Court Cr.Misc. No.51681 of 2017 (2) dt.09-11-2017 2/2 the District Teachers Appointment Appellate Committee, Kishanganj, in Case No.66/12 and 94/12, by which appointment of petitioner and others were found to be proper. 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 Bahadurganj P.S. Case No.182 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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) JA/- U T