Mukesh Kumar Chandan @ Mukesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35970 of 2018 Arising Out of PS.C.ase No. -103 Year- 2017 Thana -MEHANDIA District- JEHANABAD ======================================================

1. Mukesh Kumar Chandan @ Mukesh Kumar, S/o Mithilesh Singh, wrongly mentioned as Ram Bihari Singh, Resident of Village- Manga Bigha, P.S.- Karpi, District- Arwal, Prakhand Teacher, Middle School Rupaich, P.S.- Mehandia, District- Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Police Sub-Inspector-cum-Enquiry Officer, Arwal, Vigilance Research Bureau, Bihar, Patna.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Mehandia P.S. Case No. 103/2017, instituted for the offences punishable under Sections 420 and 406 of the Indian Penal Code. In the written report, it is alleged that the petitioner was appointed as Prakhand Teacher in Middle School Rupaich, Arwal on the basis of the mark sheet submitted by him, which was later on found to be forged.

Learned counsel for the petitioner has submitted that the petitioner has already been terminated from service after filing of the case. He has submitted that the petitioner is ready to co-operate

Patna High Court Cr.Misc. No.35970 of 2018 (3) dt.24-07-2018 2/2 in the trial. He has further submitted that other co- accused having similar allegation has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 11729/2018 dated 27.02.2018. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Mehandia P.S. Case No. 103/2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J.) Rakhi U T