Jay Prakash Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65831 of 2019 Arising Out of PS. Case No.-242 Year-2019 Thana- PARSA District- Saran ====================================================== Jay Prakash Ray Son of Kanhaiya Ray Resident of Village- Banwaripur, P.O.- Mastichak, P.S.- Dariyapur, District- Saran ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. D.K. Sinha, Senior Advocate Mr. Bajarangi Lal, Advocate Mr. Alexandar Ashok, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-11-2019 Heard 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 Parsa P.S. Case No. 242 of 2019 registered for the offences punishable under Section 420, 467, 468, 471, 120(B) of the Indian Penal Code.

The allegation is regarding the petitioner having obtained employment as a teacher on the basis of forged TET Examination Certificate wherein though he had obtained 89 marks but he had misrepresented that he had obtained 105 marks.

Learned Senior Counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in

Patna High Court CR. MISC. No.65831 of 2019(3) dt.20-11-2019 2/3 the present case and has already stood dismissed from service, hence no prejudice would be caused to the prosecution if the petitioner is granted anticipatory bail. It is further submitted that the petitioner is ready to join investigation and would definitely cooperate and would appear before the prosecution agency, so fixed by it. It is further submitted that the petitioner is having a clean antecedent.

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

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran, Chapra in connection with Parsa P.S. Case No. 242 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

It is further directed that the petitioner shall join investigation and he should be present at the place where he is directed to

Patna High Court CR. MISC. No.65831 of 2019(3) dt.20-11-2019 3/3 appear by the investigating agency and in case, he does not cooperate with the investigation, the prosecution would be free to approach this Court for cancellation of bail. (Mohit Kumar Shah, J) mdrashid/- U T