Pashupati Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84620 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== PASHUPATI RAI SON OF PANCHI RAI R/O VILLAGE- NARAYANPUR, P.S.- BHAIRABASTHAN, DIST.- MADHUBANI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

INVESTIGATION OFFICER, SAHAYAK NIYOJIT SHISHAK, VIGILANCE INVESTIGATION BUREAU, PATNA CAMP, Madhubani, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baleshwar Kamat, Advocate.

For the Opposite Party/s:

Mr.Md. Ataur Rahman, APP.

For the Vigilance :

Mr. Arvind Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-03-2024 Heard Mr. Baleshwar Kamat, learned counsel appearing on behalf of the petitioner; Mr. Md. Ataur Rahman, learned APP appearing on behalf of the State and Mr. Arvind Kumar, learned counsel for the Vigilance Investigation Bureau.

2. The petitioner apprehends his arrest in connection with Bhairabasthan P.S. Case No. 90 of 2023 registered under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code.

Patna High Court CR. MISC. No.84620 of 2023(3) dt.19-03-2024 2/3

3. The allegation against the petitioner is that he had secured appointment as Panchayat Teacher on the basis of forged and fabricated documents.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has already been dismissed from service. In this regard, he has made specific statement in Para-3 of the supplementary affidavit. Learned counsel further submits that other similarly situated have already been granted anticipatory bail.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the District Court is directed to verify from the records as to whether the petitioner has been dismissed from service and in case, the petitioner has been dismissed from service, the petitioner, above named, is directed to be released on anticipatory bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned ACJM-I, Jhanjharpur in connection with Bhairabasthan P.S. Case No. 90 of 2023. G.R. No. 1280 of

Patna High Court CR. MISC. No.84620 of 2023(3) dt.19-03-2024 3/3 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T