Ramashish Chaurashiya v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39078 of 2018 Arising Out of PS.Case No. -88 Year- 2017 Thana -BHAGWANPUR District- BEGUSARAI ======================================================
1. Ramashish Chaurashiya, s/o late Shanti Mahto, R/v- Ward No.5, Birpur (Pashmi), P.S.- Birpur, Distt- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Police Inspector, Vigilance Investigation Bureau, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, APP Mr. Amresh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 30-07-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Vigilance. Petitioner apprehends his arrest in Bhagwanpur P.S. Case No.88 of 2017 instituted for the offence under Section(s) 467, 468, 471, 420, 120-B/34 Indian Penal Code. Counsel for the petitioner submits that other coaccused with similar allegation has been granted anticipatory bail by co-ordinate Bench of this Court by order dated 24.04.2018 passed in Cr. Misc. No.10989 of 2018.
In the instant case, allegation against the petitioner is that he got appointment as Contract Teacher on the basis of wrong mark-sheet and certificate.
Counsel for the petitioner submits that he has
Patna High Court Cr.Misc. No.39078 of 2018 (4) dt.30-07-2018 2/3 submitted correct mark-sheet, which is part of the First Information Report at page 87 of the brief.
Counsel for the Vigilance submits that it will be apparent from running page 89 of the brief that aforesaid Roll Code was not used in the year 1982.
Counsel for the petitioner submits that the documents, which has been enclosed by the petitioner at running page 87, was also issued from the Bihar School Examination Board.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bhagwanpur P.S. Case No.88 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 the Chief Judicial Magistrate, Begusarai, 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
Patna High Court Cr.Misc. No.39078 of 2018 (4) dt.30-07-2018 3/3 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) JA/- U T