Prem Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14857 of 2016 Arising Out of PS.Case No. -705 Year- 2015 Thana -KATIHAR District- KATIHAR ======================================================

1. Prem Kumar Jha Son of Pitambar Jha resident of village + P.S. Bangaon, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Navin Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-05-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Katihar (Nagar) Police Station Case No. 705 of 2015, disclosing offences under Sections 420, 467, 468, 471, 409 of the Indian Penal Code.

The allegation against the petitioner is of having secured appointment as Nagar Nigam Teacher on the basis of forged mark sheet.

Learned Counsel appearing on behalf of the petitioner has submitted that the University, which had issued the certificate in favour of the petitioner, in course of verification, described it to be forged on its comparison with

Patna High Court Cr.Misc. No.14857 of 2016 (2) dt.04-05-2016 2/3 the tabulation register. He has submitted that on the ground that the petitioner was shown 'fail' in the tabulation register, his certificate has been described as forged. He has also submitted that as a matter of fact, the petitioner was declared pass by giving him grace marks, which could not be incorporated in the tabulation register. He has further submitted that considering the nature of accusation, there is no chance of tampering with the evidence by the petitioner.

Considering the facts and circumstances and the nature of accusation, this application is allowed. Let the petitioner, Prem Kumar Jha, 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, Katihar, in connection with Katihar (Nagar) Police Station Case No. 705 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two

Patna High Court Cr.Misc. No.14857 of 2016 (2) dt.04-05-2016 3/3 consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √