Patna High CourtCR. MISC./64065/2024bail granted

Md. Israrul Haque @ Israrul Haque v. The State Of Bihar

2024-10-04Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64065 of 2024 Arising Out of PS. Case No.-385 Year-2022 Thana- RUPAULI District- Purnia ====================================================== Md. Israrul Haque @ Israrul Haque S/O Hafiz Ansar Ahmad R/O VillageHarnath, Samastipur, P.S- Shahkund, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar 2.

Upendra Kumar S/O Sri Nageshwar Prasad Police Inspector Cum Investigating Officer Vigilance Department Muzaffarpur Range Niyojit Teacher Janch Koshang Purnea, R/O Village- Paharpur, P.S- Kauacol, Distt.- Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, A.P.P.

Mr. Arvind Kumar, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-10-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned Spl.P.P. appearing on behalf of the Vigilance.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. The informant alleges that petitioner secured appointment as teacher based on forged and fabricated marksheet of BETED in the year 2014.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.64065 of 2024(2) dt.04-10-2024 2/3 FIR has been instituted based on an inquiry conducted behind the back of the petitioner. It is further submitted that had an opportunity been given to the petitioner, perhaps the FIR would not have been instituted. It is next submitted that service of the petitioner was terminated in the year 2018, while verification report of the BSEB was received on 22.06.2021. It is also submitted that certificate of the petitioner was in custody of the competent authority as such he is not aware that on what basis the BSEB has reported that he had obtained his appointment as a teacher based on forged and fabricated certificate. It is submitted that petitioner will not abscond rather will cooperate in the investigation.

6. Learned A.P.P. for the State and learned Spl.P.P. appearing on behalf of the Vigilance opposed the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the

Patna High Court CR. MISC. No.64065 of 2024(2) dt.04-10-2024 3/3 case is pending/successor court in connection with Rupauli P.S. Case No. 385 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T