Anil Chaudhary v. The State Of Bihar Throgh Vigilance Department, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3045 of 2021 Arising Out of PS. Case No.-226 Year-2019 Thana- IMAMGANJ District- Gaya ====================================================== Anil Chaudhary, male, aged about 32 years, Son of Narayan Chaudhary, Resident of Village - Pokhari, P.S. - Kothi, District - Gaya. At Present Posted as Primary Teacher, in Primary School, Bishun Bigha, P.S. - Imamganj, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar through Vigilance Department, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Javed Jafar Khan, Adv.

For the Vigilance :

Mr. Rana Vikram Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2021 Heard Md. Javed Jafar Khan, the learned Advocate for the petitioner and Mr. Rana Vikram Singh, the learned counsel for the Vigilance Department.

The petitioner seeks bail in anticipation of his arrest in connection with Imamganj P.S. Case No. 226 of 2019, dated 24.12.2019, instituted for the offences under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal

Patna High Court CR. MISC. No.3045 of 2021(2) dt.14-12-2021 2/3 Code.

The accusation against the petitioner and others is of having forged the BETET marks-sheet on the basis of which employment was obtained by him as a middle school teacher.

It has been submitted on behalf of the petitioner that his services have been terminated. With respect to the accusation of tampering with the name and marks-sheet of the BETET, it has been submitted that there could be some tampering in the database of the BSEB for which the petitioner cannot be held responsible. Apart from this, it has been submitted that there is no other material to connect the petitioner with the offence in as much as no evidence has been collected to make him liable even for conspiracy in obtaining a certificate with forged marks and parentage. Some of the other accused persons of this case have been granted anticipatory bail by a different Bench of this Court.

Regard being had to the facts afore-stated, especially that the petitioner's services have been terminated

Patna High Court CR. MISC. No.3045 of 2021(2) dt.14-12-2021 3/3 and some of the other similarly situated accused persons have been granted anticipatory bail, he, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Sherghati, Gaya in connection with Imamganj P.S. Case No. 226 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T