Istiaque Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51392 of 2017 Arising Out of PS. Case No.-697 Year-2016 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Istiaque Alam S/o Julus Mansuri, R/o Village- Bihpur, Ward No.10, P.S.- Bihpur, District- Bhagalpur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Surendra Kumar Saroj, Police Inspector Cum I.O. Vigilance Investigation Bureau, Bhagalpur.

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal For the Opposite Party/s :

Mr. SRI S. EHTESHAMUDDIN ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Kotwali (Adampur) P. S. Case No. 697 of 2016 registered for the offences punishable under Sections 409, 420, 467, 468, 471, 120B of the Indian Penal Code.

Allegedly, the petitioner got appointed himself as Panchayat Teacher on the basis of forged certificate of qualifying Bihar Elementary Teachers Eligibility Test and received salary.

Submission is of false implication and that the petitioner never submitted BETET certificate hence, there is no question

Patna High Court Cr.Misc. No.51392 of 2017(3) dt.14-12-2017 2/2 of forgery. Similarly situated other co-accused have been admitted to pre-arrest bail vide Cr. Misc. Nos. 9850 of 2017, 11788 of 2017, 12857 of 2017, 29687 of 2017, 39002 of 2017 and 47866 of 2017 and as such the petitioner deserves sympathetic consideration.

Learned counsel representing vigilance opposes the prayer of pre-arrest bail but fairly submitted that other co-accused have been allowed pre-arrest bail.

In the facts and circumstances stated above, considering that other co-accused have been allowed pre-arrest bail, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Adampur) P. S. Case No. 697 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T