Satendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48635 of 2022 Arising Out of PS. Case No.-574 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== Satendra Kumar S/o Ram Parvesh Yadav R/o village- Urbigha, P.S.- Makhdumpur, District- Jehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner and learned counsel for the vigilance as well as learned A.P.P. for the State. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code. According to the prosecution case, the petitioner has obtained job and posted as Panchayat teacher on the basis of the mark sheet of Intermediate but on verification, the said mark sheet of the petitioner was found to be forged and fake. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.48635 of 2022(3) dt.14-12-2022 2/3 implicated in the present case. He further submits that the petitioner was appointed as teacher in the year 2013 in upgraded primary school. He further submits that pursuant to the order passed in C.W.J.C. No. 15459 of 2014, the present F.I.R. has been instituted against the petitioner and the similarly situated person. He further submits that the petitioner has resigned from the post in question before filing of the present F.I.R. and in fact, the petitioner has submitted all the certificates which was furnished by the Competent Board/ University at the time of his his appointment. .

The learned counsel for the Vigilance has vehemently opposed the prayer for bail of the petitioner but fairly submits that the petitioner has not come under the purview of the amnesty period.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Court below where the case is pending in connection with Jehanabad P.S. Case No. 574 of 2022, subject to the conditions

Patna High Court CR. MISC. No.48635 of 2022(3) dt.14-12-2022 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T