Anil Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46093 of 2018 Arising Out of PS.Case No. -52 Year- 2017 Thana -KARPI District- JEHANABAD ======================================================
1. Anil Kumar S/o Bhadhur Paswan, R/o Selarpur, P.S.- Karpi, DistrictArwal. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Vigilance Investigation Bureau Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Karpi P.S. Case No. 52/2017, instituted for the offences punishable under Sections 408, 420, 419, 467, 468, 471, 472 and 34 of the Indian Penal Code.
It is alleged in the written report that mark-sheet of BETET of Panchayat teachers, namely, (i) Manoj Kumar of Primary School Ladua, Aiara Panchayat, (ii) Seema Kumar, Primary School Belkhari Mathiya, Narga Panchayat and (iii) Suraj Kumar, Primary School Budhu Bigha, Murari Panchayat under Karpi Block were sent to the Secretary, Bihar School Examination Board, Patna for verification in which their parentage name and
Patna High Court Cr.Misc. No.46093 of 2018 (2) dt.16-08-2018 2/3 serial number were found different according to the record and the selection form of the said three Panchayat teachers. Learned counsel for the petitioner has submitted that in the written report, the petitioner is not named. His name has come during investigation only on the ground that he being the Mukhiya of that Panchayat at the relevant time of the selection of Suraj Kumar as Panchayat teacher. It is further submitted that the documents submitted by co-accused Suraj Kumar was sent to the B.E.O. of concerned Block for verification. The petitioner has no concern with the forged documents submitted by the appointed teacher Suraj Kumar.
Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Karpi P.S. Case No. 52/2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Arwal, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall
Patna High Court Cr.Misc. No.46093 of 2018 (2) dt.16-08-2018 3/3 be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J.) Rakhi U T