Nawal Kishore Kumar v. The State Of Bihar Through The Commissioner Vigilance Investigation Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11989 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -ARWAL District- JEHANABAD ====================================================== Nawal Kishore Kumar son of late Raghu Singh Resident of VillageNisharpura, Police Station- Kako, District Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner, Vigilance Investigation Bureau, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar, Advocate For the VIB, Patna : Mr. Rabindra Kumar, AC to Vig. L.O. For the State : Mr. M. Dayal(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-03-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 467, 468 and 471 of the Indian Penal Code registered in connection with Arwal P.S. Case No. 21 of 2016.

3. It is submitted on behalf of the petitioner that owing to ill health of the petitioner who was suffering from diabetes and heart ailment, the petitioner resigned from the post of teacher on 02.07.2013 and such resignation was accepted by the Headmaster on 03.07.2013. It is further stated that a Division Bench of this Court by order dated 22.06.2015 passed in CWJC No. 15459 of 2014 has granted general amnesty from prosecution in the case of teachers who had secured appointment on the basis of fake and fabricated certificates if they resigned within 15 days of a notice required to be published by the

Patna High Court Cr.Misc. No.11989 of 2016 (2) dt.28-03-2016 Education Department to that effect.

4. The case of the petitioner is not covered by the amnesty granted by this Court as aforesaid, which was passed almost two years after the petitioner had already resigned and that too such resignation was on account of ill health of the petitioner.

5. Mr. Sanjay Kumar, learned counsel appearing for the petitioner requests at this point that this case may be transferred to another co-ordinate Bench of this Court which in similar circumstances has granted anticipatory bail in Cr. Misc. No. 55651 of 2015. This Court strongly disapproves of the attempt of learned counsel for the petitioner to indulge in such Bench hunting practice.

6. Having regard to the entirety of the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Bail petition stands dismissed. (Vikash Jain, J) Chandran U T