Saket Kumar @ Saket Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54147 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- BISHUNPUR District- Darbhanga ====================================================== Saket Kumar @ Saket Kumar Thakur Son Of Brajdhar Thakur Resident Of Village- Kalyanpur Chauk, P.S- Kalyanpur, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Vigilance :

Mr. Arvind Kumar, Advocate For the State : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Vigilance and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 24.05.2023, in connection with Bishanpur P.S. Case No. 18 of 2023, F.I.R. dated 26.03.2023 registered for the offences punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.

3. Allegation against the petitioner is that he submitted a forged result card of BETET-2011 and got appointed as a teacher in Bihar Government. It is further alleged that this forged document was unearthed on verification from BSEB, Patna.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.54147 of 2023(2) dt.30-08-2023 2/3 petitioner has clean antecedent and he has been falsely implicated in the present case. Pursuant to the direction issued in C.W.J.C. No. 15459 of 2014, the present F.I.R. was instituted against the petitioner alleging therein that he has produced the forged result of the BETET-2011 and got appointment as a teacher in Bihar Government. Learned counsel for the petitioner further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not submitted any forged certificate before the competent authority and he has submitted the certificate as received by the competent Board/University. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 24.05.2023.

5. The learned counsel appearing on behalf of the Vigilance, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the certificate which was produced by the petitioner has found forged and fabricated and on that basis the petitioner has got appointment as a teacher in the Bihar Government.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Darbhanga in connection with

Patna High Court CR. MISC. No.54147 of 2023(2) dt.30-08-2023 3/3 Bishanpur P.S. Case No. 18 of 2023, subject to the 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 witness, 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 antecedents, 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) Ibrar//- U T