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Patna High CourtCR. MISC./73064/2022allowed

Om Prakash v. The State Of Bihar

2023-02-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73064 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== OM PRAKASH S/O Madhusudan Singh R/O Village- Belsara, P.S- Deo, District- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance of Investigation, through Police Inspector Cum Investigation Officer, Vigilance Investigation Bureau Gaya Range, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ajay Mishra, APP For the Vigilance :

Mr.Arvind Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 420/467/468/471/120(B) IPC. The allegation against the petitioner is that he got appointment as Primary School teacher in the year, 2013 on the basis of forged certificate.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that later on, petitioner was dismissed from the service, which is also

Patna High Court CR. MISC. No.73064 of 2022(3) dt.07-02-2023 2/2 mentioned in para-3 of the supplementary affidavit. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State as well as learned counsel for the Vigilance opposed the prayer for anticipatory bail but has not disputed this fact that petitioner has been dismissed from service.

Having regard to the facts and circumstances of the case, since petitioner has been dismissed from the service, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Fesar P.S. Case No.7/22, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T