Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41203 of 2018 Arising Out of PS.Case No. -12 Year- 2017 Thana -PIYAR District- MUZAFFARPUR ====================================================== Mithun Kumar, Son of Ram Sagar Chaudhary @ Ram Sagar Rai, Resident of Village + P.O. Rahimpur, P.S.- Vaishali, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shankar Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Piyar P.S. Case No. 12 of 2017 instituted for the offence under Sections 406, 420, 467 and 471 of the Indian Penal Code.

In the written report it is alleged that petitioner was appointed as teacher on the basis of forged TET examination certificate.

Counsel for the petitioner submits that at the time of appointment, the certificate was properly verified and, thereafter, his joining on the post of teacher was accepted. He further submits that other co-accused persons have already been granted anticipatory bail by coordinate Bench of this Court vide order dated 2.2.2018 passed in Cr. Misc. 6039 of 2018.

Patna High Court Cr.Misc. No.41203 of 2018 (2) dt.17-07-2018 2/2 Considering the facts and circumstances of the case, 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 Piyar P.S. Case No. 12 of 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 learned Sub Judge Vth-cumACJM, Muzaffarpur, subject to the conditions as laid down under Section 438 (2) 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 be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers 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) S.Ali/- U T