Ashwini Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72744 of 2022 Arising Out of PS. Case No.-647 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Ashwini Kumar Pandey Son Of Late Daroga Pandey Resident Of VillageDhokraha, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

The Vigilance Investigating Bureau Through Its Deputy Superintendent Of Police, Muzaffarpur Range Muzaffarpur, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and the State.

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

It is alleged that the petitioner obtained appointment onthe post of Panchayat teacher on the basis of forged certificate. The forged mark sheet was brought into existence by the petitioner in the year 2006 for the purpose of getting employment. In the light of the order passed by the Hon'ble Court in C.W.J.C. In Serial No. 15459 of 2014, the petitioner did not resign.

Patna High Court CR. MISC. No.72744 of 2022(4) dt.01-05-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the matter. It is further submitted that from perusal of F.I.R, it is self-evident that no case is made out against the petitioner under the said sections. The petitioner has neither committed any forgery nor tampered with his mark sheet. On the basis of original mark sheet and certificate, they got training and got job. Moreover, the petitioner has already sent his resignation to D.E.O, West Champaran at Bettiah praying therein to accept his resignation from the post of Panchayat Teacher with immediate effect through registered post on 03.04.2023 (Annexure-9 to this bail petition brought by 2nd supplementary affidavit). Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named 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 the C.J.M., West Champaran at Bettiah in connection with Majhauliya P.S. case no. 647 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.72744 of 2022(4) dt.01-05-2023 3/3 Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T