Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74367 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- BADHAILA District- Rohtas ====================================================== SUNIL KUMAR Son of Raj Kumar Bhagat @ Raj Kumar, R/V- Akorhi, P.OAkorhi, P.S- Akorhi Gola, Dist- Rohtas (Bihar) ... ... Petitioner/s

Versus

1. The State of Bihar

2. Police Inspector-cum-Investigation Officer, Vigilance Investigation Beuro, Patna.

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar For the Vigilance :

Mr. Rana Vikram Singh, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Baghaila P.S. Case No. 23 of 2022 registered for the offence punishable under Sections 420/467/468/471/120B of the Indian Penal Code. The allegation is regarding the petitioner having obtained employment as a Panchayat Teacher on the basis of forged intermediate mark-sheet.

The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted, by referring to

Patna High Court CR. MISC. No.74367 of 2022(2) dt.29-04-2023 2/2 paragraph no. 12 of the present petition that the petitioner has already been dismissed from his services, hence, a sympathetic view be taken.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, considering the materials available on record and taking into account the fact that the petitioner has now stood dismissed from service, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Baghaila P.S.Case No. 23 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Ajay/- U T