Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19125 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -CIVIL LINE District- GAYA ====================================================== Pradeep Kumar Son of Tunnu Prasad, Resident of Village - Siri Bigha, P.S. - Neemchak Bathani, District - Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Civil Lines P.S.Case No. 29/2016, disclosing offences under sections 420, 467, 468, 471, 409 and 120B of the Indian Penal Code.

The petitioner was appointed as Panchayat Teacher on the basis of certificate disclosing that he had obtained 627 marks. In course of verification, it was found that he had used forged marksheet of Matriculation Examination and he in fact had secured 391 marks in the said examination. The petitioner has been removed from the service.

Learned counsel, appearing on behalf of the petitioner, has submitted that the offence is not such where there would be

Patna High Court Cr.Misc. No.19125 of 2016 (2) dt.12-05-2016 likelihood of tampering with the evidence at the stage of investigation or trial. He further submits that in view of nature of allegation against him, no tangible purpose would be served if he is taken into custody. He has also submitted that the petitioner shall appear before the police and the court, as and when required, if granted privilege of anticipatory bail.

Considering the above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Civil Lines P.S.Case No. 29/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U