Md. Anwar Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9154 of 2021 Arising Out of PS. Case No.-107 Year-2019 Thana- NAYAGAON District- Saran ====================================================== 1.
MD. ANWAR ALI Son of Md. Abdul Wafa Resident of Mohalla- Mufti Muhalla, Nakhas, P.O. and P.S.- Hazipur Town, District- Vaishali. 2.
Navin Kumar Singh @ Navvin Kumar Singh Son of Ravindra Prasad Singh Resident of Village- Paharichak, P.O. and P.S.- Sonepur, District- Saran. 3.
Seraj Ahmad Son of Abdur Rashid Resident of Village- Miyabairo, P.O.- Bhagwanpur, P.S.- Bhagwanpur, District- Vaishali. 4.
Tabassum @ Tabassum Bano D/o Md. Kalam Resident of VillageNoongola, P.O. and P.S.- Hajipur Town, District- Vaishali. 5.
Zabad Tabassum D/o Md. Ayub Resident of Village- Miyabairo, P.O. and P.S.- Bhagwanpur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar Soni, Adv.
For the Opposite Party/s :
Mr.Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Learned counsel for the petitioners is directed to remove the defects as pointed out by the office, within four weeks after the resumption of the normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench. The petitioners apprehend their arrest in connection with Nayagaon P.S. Case No.107 of 2019, registered for the
Patna High Court CR. MISC. No.9154 of 2021(2) dt.10-01-2022 2/3 offence punishable under sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.
The crux of the prosecution case is that all the T.E.T. certificates of the petitioners were found forged in course of enquiry conducted under the direction of Hon'ble High Court passed in a P.I.L. matter in CWJC No.15459 of 2014. It is alleged that the petitioners got their appointments as Panchayat teachers on the basis of fabricated educational documents.
It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have not committed any offence. They are themselves victim of mechanical action, approach of the concerned departments going on without proper adjudication and verification of documents/certificates. It is submitted that several similarly situated co-accused have been granted anticipatory bail by this Court and the co-ordinate Benches of this Court vide Annexure-5 series and petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for bail. In the facts and circumstances of the case, since
Patna High Court CR. MISC. No.9154 of 2021(2) dt.10-01-2022 3/3 similarly situated co-accused have been granted anticipatory bail, let the above named petitioners, in the event of their surrender/arrest before the learned Court below within a period of six weeks from today, are directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Nayagaon P.S. Case No.107 of 2019, subject to the condition as laid down under section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T