Shreekant Kumar Mandal @ Shreekant Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61569 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== 1.

Shreekant Kumar Mandal @ Shreekant Mandal S/O Fatehchand Mandal R/O Tewa, Ward No. 01, P.S- Jogbani, Distt.- Araria. 2.

Mukesh Bharti S/O Sudarshan Mandal R/O Bagmara, Ward No. 03, Amhara, P.S- Forbesganj, Distt.- Araria.

3.

Pankaj Kumar S/O Pramod Prasad Gupta R/O Bariyarpur, Ward No. 13, P.SBariyarpur, Distt.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Mandal, Adv.

For the Opposite Party/s :

Mr.Ajay Mishra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Forbesganj P.S. Case No. 52 of 2023 dated 16.01.2023, instituted under Sections 419 and 420 of the Indian Penal Code.

3. In compliance of order dated 16.10.2023 a supplementary affidavit has been filed by the petitioners, which is taken on record.

4. As per prosecution case, the petitioners submitted a forged mark sheet of BETET at the time of their appointment as Panchayat Teachers.

Patna High Court CR. MISC. No.61569 of 2023(3) dt.13-12-2023 2/3

5. The learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The allegation against the petitioners is that they were obtaining their service on the post of Panchayat Teachers, primary School on the basis of forged certificates of B.T.E.T. It is further submitted that the petitioners were removed from service w.e.f. 08-08-2022. Learned counsel for the petitioners further submits that similarly situated persons, against whom separate FIR has been lodged, have been privileged with anticipatory bail by a Co-ordinate Bench of this Court vide order dated 06-12-2023 passed in Cr. Misc. No. 60479 of 2023. The petitioners have no criminal antecedent,

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, Dist. Araria, in connection with Forbesganj P.S. Case No. 52 of 2023, subject to the conditions laid down in Section 438(2) of the Code of

Patna High Court CR. MISC. No.61569 of 2023(3) dt.13-12-2023 3/3 Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U