Pravin Kumar Nayan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29492 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -CIVIL LINE District- GAYA ====================================================== Pravin Kumar Nayan, Son of Budhan Prasad, Resident of Village- Sri Rampur, P.S - Sherghaty, District- Gaya, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 08-09-2016 Heard the counsel for the petitioner and Mr. M. Dayal, APP for the State.

The petitioner apprehends his arrest in Civil Lines P.S. Case No. 29 of 2016 registered under Sections 420, 467, 468, 471, 409 and 120(B) of the Indian Penal Code. Allegation against the petitioner is that on the basis of forged certificate/mark-sheet he obtained employment as Middle School teacher and draw salary. Under orders of the Hon'ble High Court, a detailed inquiry was made with respect to the teachers who had obtained appointment on fake certificate/marksheet. It was found that the petitioner had failed in the intermediate examination, but he had produced a forged certificate/marksheet of intermediate and obtained employment. It is submitted that the other co-accused of the extant

Patna High Court Cr.Misc. No.29492 of 2016 (3) dt.08-09-2016 2/3 case have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 12.05.2016 passed in Cr. Misc. No. 19125 of 2016 as well as order dated 06.09.2016 passed in Cr. Misc. No. 22377 of 2016. To obtain the privilege of anticipatory bail, the petitioner is ready to pay salary of some months as directed by this Court, which shall be without prejudice to his right and contention in the case. Considering the facts and circumstances of the case as also the fact that similarly situated co-accused(s) have been granted anticipatory bail, I direct the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs.

10,000/- with two sureties of the like amount each to the satisfaction of learned VIIth A.D.J. , Gaya in Civil Lines P.S. Case No. 29 of 2016 subject to the condition as laid down under Section 438(2), the code of Criminal Procedure with further condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds. Along with the bail bonds the petitioner shall produce receipt showing deposit and/or the bank instrument favouring the District Education Officer of the district in the sum of Rs.

Patna High Court Cr.Misc. No.29492 of 2016 (3) dt.08-09-2016 3/3 authority shall be entitled to receive and draw. The payment so made, however, shall be without prejudice to his right and contentions in the case and abide by the final outcome of the case.

rohit/- (Kishore Kumar Mandal, J) U T