Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68945 of 2018 Arising Out of PS. Case No.-209 Year-2018 Thana- BIBHUTIPUR District- Samastipur ====================================================== Pawan Kumar Son of Kanak Lal Ray, Resident of Village-Sirasi P.O. Mahathi PS-Bibhutipur Distt.-Samastipur, Presently Block Teacher in Middle School Khoksaha Block-Bibhutipur, Distt.-Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar Jha For the Opposite Party/s :

Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

The prosecution case, in brief, is that in compliance of order of this Hon'ble Court, an enquiry was done in respect of the service of teachers. In course of enquiry, it came to light that the petitioner and others have got their appointment on the post of teachers on the basis of forged training certificate. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to

Patna High Court Cr.Misc. No.68945 of 2018(3) dt.22-01-2019 2/2 mistake of fact. The training certificate which was submitted by the petitioner is said to be fake. The petitioner denies the allegation. The said certificate was issued to the petitioner by the concerned institute. The other co-accused namely Lalan Singh with similar allegation has been granted anticipatory bail by this court vide order dated 09-01-2019 passed in Cr. Misc. No. 76800 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 209 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T