Ganesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3809 of 2024 Arising Out of PS. Case No.-143 Year-2023 Thana- HAYAGHAT District- Darbhanga ====================================================== Ganesh Sah Son of Late Yugeshwar Sah R/o vill and P.S - Katra, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vigilance Investigation Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Dular Sah, Adv.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP For the Vigilance : Mr. Arvind Kumar, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned Special P.P. for the Vigilance Mr. Arvind Kumar.

2. The petitioner apprehends his arrest in connection with Hayaghat P.S. Case No.143/2023 dated 14.09.2023, registered for the offence punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and he came to be implicated in the present case on the allegation that he sought appointment as teacher based on forged and fabricated certificates. It is next submitted that prior to instituting the F.I.R., no show-cause was issued to the petitioner seeking his

Patna High Court CR. MISC. No.3809 of 2024(2) dt.13-02-2024 2/2 explanation and the inquiry was carried behind his back. It is next submitted that had an opportunity being given to the petitioner to explain his case perhaps he would have been in a position to satisfy the authorities that the certificates were not forged and fabricated. It is also submitted that after the F.I.R. came to be instituted the petitioner also tendered his resignation.

4. Learned Special P.P. opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Darbhanga in connection with Hayaghat P.S. Case No.143/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T