Amritesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.8094 of 2017 (2) dt.23-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8094 of 2017 Arising Out of PS.Case No. -697 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Amritesh Kumar, Son of Late Narayan Paswan, resident of VillageBikrampur, P.S.- Bihpur, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate For the Opposite Party/s : Mr. Sri Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kotwali (Adampur) Police Station Case No. 697 of 2016, disclosing offences under Sections 409, 420, 467, 468, 471, 120B of the Indian Penal Code.

Accusation is of obtaining appointment on the basis of forged and fabricated documents.

Learned Senior counsel for the petitioner has submitted that the petitioner was appointed as a Teacher for Primary School, Niranjannagar, Khairpur and on verification, the certificate of the petitioner was found to be forged and fabricated. Therefore, on this count, he was removed from the

Patna High Court Cr.Misc. No.8094 of 2017 (2) dt.23-02-2017 services. The petitioner is ready to deposit the entire amount which he realized during his service period within a period of 12 months in equal installments. Hence, the petitioner, who is of clean antecedents, deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Adampur) Police Station Case No. 697 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

The provision bail of the petitioner will be confirmed by the learned court below on submission of receipt of entire government amount, which the petitioner realized during his service period, within a period of 12 months. (Arvind Srivastava, J) Brajesh/- U T