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Patna High CourtCR. MISC./12315/2018bail granted

Amrendra Kumar @ Akhilesh Kumar v. The State Of Bihar

2018-04-06Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12315 of 2018 Arising Out of PS. Case No.-89 Year-2017 Thana- BIND District- Nalanda ====================================================== Amrendra Kumar @ Akhilesh Kumar, S/o Late Abhiram Singh, R/o MohallaNeharu Nagar, Mainpura, Vishal Hanuman Mandir, Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Bind P.S. Case No. 89 of 2017 instituted for the offence under Sections 420,467,468,471 of the IPC.

There is allegation in the written report against the petitioner is that he is working as Assistant teacher-cum-BRP in a middle school, Nalanda, by name of Amrendra Kumar, whereas, his real name is Akhilesh Kumar. It is further alleged that this petitioner has got employment on the basis of forged documents. From the documents attached with the FIR, it appears that one petition was filed by one Vishram Sharma of village Bara, Post-Saidabad, Block- Vikram, Sub-DivisionPaliganj, Patna before the District Public Complaint Redressal

Patna High Court Cr.Misc. No.12315 of 2018(3) dt.06-04-2018 2/3 Officer, Nalanda and thereafter, the Block Education Officer sent letter to lodge the FIR against the petitioner. Learned counsel for the petitioner has submitted that he was duly appointed as an Assistant teacher in Middle School, Bind, Nalanda, after counseling and verification of all the certificates and marks-sheet of educational qualification on 09.02.2007. He is working in that school for that period. He has not received any notice from the department in this regard. He has further submitted that all the certificates are genuine and issued in the name of Amarendra Kumar.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bind P.S. Case No. 89 of 2017 to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Biharsharif, Nalanda, subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial

Patna High Court Cr.Misc. No.12315 of 2018(3) dt.06-04-2018 3/3 and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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) khushbu/- U T