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Patna High CourtCR. MISC./78475/2024allowed

Suresh Kumar v. The State Of Bihar

2024-11-25Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78475 of 2024 Arising Out of PS. Case No.-176 Year-2024 Thana- Banjariya District- East Champaran ====================================================== Suresh Kumar S/o Jagdish Narayan Prasad @ Jagdish Prasad Nishad Resident of Village - Hardiya, P.S. - Turkauliya, District - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Director General, Vigilance Investigation Bureau, Vigilance Deptt., Govt. of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Banjariya P.S. Case no. 176 of 2024 instituted for the offence under Sections 467, 468, 471, 420, 120(B) of the Indian Penal Code.

3. The case of the prosecution is that he has joined the service as Primary Teacher on the basis of fake certificate.

4. During the course of argument, learned counsel for the petitioner has submitted that he has been terminated by the department. It is further submitted that similarly situated co-

Patna High Court CR. MISC. No.78475 of 2024(2) dt.25-11-2024 2/2 accused, namely, Vibha Kumari has been extended the privilege of bail vide order dated 14.11.2024 passed in Cr. Misc. No. 77350 of 2024. Further submission is that the petitioner is having no criminal antecedent.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Banjariya P.S. Case no. 176 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, East Champaran, Motihari, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T