Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55096 of 2022 Arising Out of PS. Case No.-66 Year-2021 Thana- MIRGANJ District- Purnia ====================================================== SANTOSH KUMAR SON OF RAMJEE MANDAL R/O VILLAGEDHAKARDHARA BANMANKHI, P.S.- BANMANKHI, DISTRICTPURNEA ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

THE VIGILANCE INVESTIGATION BUREAU, BIHAR PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agarwal, Senior Advocate Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Renu Kumari, APP For the Vigilance :

Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-01-2023 Heard Mr. N.K. Agarwal, learned Senior Counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Mirganj P.S. Case No. 66 of 2021 for the offence registered under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

As per the prosecution story, the petitioner joined as Panchayat Teacher, Primary School Lalitgram, Panchayat Rupaspur, Khagha Block, Dhamdha in the district of Purnea on the basis of the document which on enquiry by the Bihar School Examination Board, Patna was found to be issued in different name.

Patna High Court CR. MISC. No.55096 of 2022(2) dt.18-01-2023 2/3 Learned Senior Counsel for the petitioner submits that the documents which were issued to him was submitted and accordingly, he got employment, little realizing the same is/are forged one and now he is out of service as stated in paragraph30 of the petition. Further, he had challenged the said order of termination in C.W.J.C. No. 7648 of 2021 and the matter was remanded to the District Appellate Authority where it is pending.

Learned counsel for the Vigilance, on the other hand, opposes the prayer for bail stating that the allegation against him is of entering into service on the basis of the forged documents. Taking into account the fact that the petitioner is persuading his legal remedy against his termination order, do not have criminal antecedent and now that the FIR has been lodged, he will have to face the trial, this Court is inclined to grant him relief.

Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Purnea in connection with Mirganj P.S.

Patna High Court CR. MISC. No.55096 of 2022(2) dt.18-01-2023 3/3 Case NO. 66 of 2021, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha - U T