Manish Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24487 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -BANSHI District- JEHANABAD ======================================================

1. Manish Kumar Son of Nathun Ram, Resident of Village- Bodh Bigha, P.S.- Mehendiya, District- Arwal.

2. Niraj Kumar Son of Amod Sharma, Resident of Village- Manjhiyama, P.S.- Kurtha, District- Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-07-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Banshi P.S. Case N0. 14 of 2017, disclosing offences under Sections 420,467,468,471 and 120B of the Indian Penal Code.

The petitioners are said to have used forged Bihar Elementary Teachers Eligibility Test result cards and thereby procured appointment as Panchayat Teacher. Implication of petitioner is based on the fact that is father's name as occurring in the Board is different than what has been mentioned in the result card issued by the Bihar School Examination Board.

Learned counsel for the petitioners has submitted that the parentage has been rightly mentioned in the certificate

issued in favour of petitioner No.1. As regards petitioner No.2, it is alleged that the percentage of marks as shown in the certificate is different from what is there in the register maintained by the Bihar School Examination Board. The petitioners obtained appointment as Panchayat Teachers on the basis of the said certificates.

Without commenting upon the merits of the allegation against the petitioners, considering the plea that it is unlikely that the petitioners shall flee away from the course of investigation or trial.

Considering the above submissions, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Judge, Ist, Arwal in Banshi P.S. Case No. 14 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two

consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U