Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74311 of 2024 Arising Out of PS. Case No.-545 Year-2023 Thana- MINAPUR District- Muzaffarpur ====================================================== Avinash Kumar Son of Asheshwar Prasad @ Aheshwar Prasad R/O Vill.- Shivrahan Chaturbhuj, P.S.- Ahiyapur, Dist.- Muzaffarpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaishnavi Singh For the Opposite Party/s :
Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-11-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Minapur Police Station Case No. 545 of 2023, disclosing offences under Sections 467, 468, 471, 420, 120(B) of the Indian Penal Code.
3. As per the prosecution case, the petitioner produced the forged TET marksheet for appointment of Panchayat Teacher.
4. Learned Counsel for the petitioner submits that the verification of the educational certificate was done in the year 2020 but when the petitioner filed the writ petition for payment of salary which was stopped since 2022, on the basis of back dated report, the present FIR has been lodged. She, however,
Patna High Court CR. MISC. No.74311 of 2024(2) dt.12-11-2024 2/2 submits that the petitioner has already resigned from his post with effect from 30.12.2023 vide Annexure 2.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the allegation against the petitioner is based upon document for which custodial interrogation may not be necessary and the petitioner has already resigned from his post, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur East, in connection with Minapur Police Station Case No. 545 of 2023, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T