Parwez Aalam v. The State Of Bihar, Through Vigilance, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34267 of 2018 Arising Out of PS.Case No. -71 Year- 2017 Thana -KHANPUR District- SAMASTIPUR ======================================================

1. Parwez Aalam S/o Jasimuddin Alam, R/o Vill.- Hanuman Nagar, P.O.- Bharvari, P.S.- Rosera, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar, Through Vigilance, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Rama Kant Sharma(L.O, I/C Vig.) Mr. Rabindra Kumar, AC Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2018 Heard both sides.

The petitioner apprehends his arrest in Khanpur, P.S. case No. 71/2017 for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code. The gist of the allegation against the petitioner is that petitioner submitted TET certificate bearing serial no. 05262 but on verification it was found that in the Bihar School Examination Board the serial No. of TET certificate of petitioner is 010927. It transpired that the petitioner submitted forged TET certificate and got appointment on the post of untrained primary teacher.

The learned counsel for the petitioner submits that petitioner resigned when the High Court directed such persons to

Patna High Court Cr.Misc. No.34267 of 2018 (2) dt.02-07-2018 2/2 resign before commencement of inquiry with regard to submission of forged certificate. On similar facts co-accused Masoom Rashid and Bulbul Kumari have already been granted anticipatory bail vide order passed in Cr. Misc. Nos. 60123/2017 and 13189/2018. Learned counsel for the vigilance vehemently opposed the prayer for anticipatory bail.

Having considered the facts that although the petitioner got appointment on the basis of forge certificate but similarly situated co-accused have already been granted anticipatory bail, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged 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-III, Samastipur in connection with Khanpur P.S. case No.71/2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/Rajan U T