Patna High CourtCR. MISC./64370/2023bail granted

Santosh Kumar v. The Superintendent Of Police, Vigilance Dept., Bihar Patna

2023-10-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64370 of 2023 Arising Out of PS. Case No.-183 Year-2022 Thana- RAJGIR District- Nalanda ====================================================== SANTOSH KUMAR SON OF ANIL KUMAR SHARMA RESIDENT OF VILLAGE- AND PO- ICHAHOS, PS- ISLAMPUR, DISTT- NALANDA ... ... Petitioner/s

Versus

THE SUPERINTENDENT OF POLICE, VIGILANCE DEPT., BIHAR PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 420/467/468/471/120B of the Indian Penal Code.

3. It is alleged that the petitioner obtained appointment on the post of Panchayat teacher, on the basis of forged educational certificates.

4. Earlier prayer for anticipatory bail of the petitioner was allowed vide order dated 15.11.2022, subject to refund of the emoluments received during tenure as panchayat teacher. Modification of said order was dismissed as withdrawn vide order dated 22.3.2023. Prayer for bail of the petitioner is renewed in view of order of the Hon'ble Supreme court dated

Patna High Court CR. MISC. No.64370 of 2023(2) dt.06-10-2023 2/2 11.8.2023, passed in Cr.Appeal No. 2412/2023/Special Leave to Appeal Crl. No. 8241 of 2023. Learned counsel for the petitioner submits that the petitioner has already resigned from the post of panchayat teacher.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in Rajgir Police Station Case No. 183 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T