Patna High CourtCR. MISC./85097/2023bail granted

Rajendra Hazra v. The State Of Bihar

2024-03-19Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85097 of 2023 Arising Out of PS. Case No.-310 Year-2023 Thana- CHAKAI District- Jamui ====================================================== Rajendra Hazra, S/o Shakti Hazra, R/O VILLAGE- PATJORI, P.S.- CHAKAI, DISTRICT- JAMUI ... ... Petitioner/s

Versus

The State of Bihar 2.

THE VIGILANCE INVESTIGATION BUREAU BIHAR, PATNA, BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar, Advocate For the State :

Mr.Uday Pratap Singh, APP For the Vigilance :

Mr. Arvind Kumar, Spl. PP Vigilance Mr. Paritosh Parimal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-03-2024 Heard Mr. Mrityunjay Kumar, learned counsel appearing on behalf of the petitioner; Mr. .Uday Pratap Singh, learned APP for the State and Mr. Arvind Kumar along with Mr. Paritosh Parimal, learned counsels for the Vigilance.

2. The petitioner seeks pre-arrest bail in connection with Chakai P.S. Case No. 310 of 2023 registered for the offence(s) punishable under Sections 420, 467, 468, 471 and 120 B of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner secured appointment as Panchayat Teacher on the basis of forged and fabricated documents.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.85097 of 2023(3) dt.19-03-2024 2/3 petitioner submits that petitioner has already submitted his resignation on 25.09.2023 before the Member Secretary, Panchayat Teacher Employment Unit-cum-Secretary Gram Panchayat Raj, Gajhi Block, Chakai, District, Jamui. Learned counsel further submits that similarly situated co-accused has already been granted bail by this Court vide order dated 17.05.2023 passed in Cr. Misc. No.65641 of 2022. The petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the fact that petitioner has tendered his resignation, specific statement must be made before the District Court by the petitioner by filing an affidavit that his resignation been accepted. In case, the District Court finds after verification from the District Programme Officer (Establishment), that the Panchayat Secretary has accepted the resignation of the petitioner then in that case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.85097 of 2023(3) dt.19-03-2024 3/3 Chief Judicial Magistrate, Jamui in connection with Chakai P.S. Case No. 310 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Sanjay/- U T