The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving alleged fabrication of service certificates for educational admissions, directing surrender and security deposit conditions.
Grant of anticipatory bail subject to surrender within four weeks, cash security of Rs.10,000, and bail bond with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.8455 of 2018
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Raj Kumar Prasad .... .... …. Petitioner
Versus
The State of Jharkhand
.... .... ....Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Anil Kumar, Sr. Advocate For the State : Addl.P.P.
Order No.02 Dated- 11.01.2019
Apprehending his arrest in connection with Barkatha P.S. Case No.133 of 2018 instituted under Sections 420, 467, 468 and 471 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Heard learned senior counsel appearing for the petitioner and learned Addl.P.P. appearing for the State.
Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that for admission in Diploma in Education Course, the petitioner has used the code of the school where he was not a permanent teacher. It is further submitted that no show-cause notice was issued to the petitioner before institution of the F.I.R. of the instant case and it is not disputed that the certificate issued by the Headmaster Incharge of Project Girls High School, Barkatha, Hazaribag, kept at page-21 being annexure-3 of the brief, which shows that the petitioner was working there from 08.04.2014 to 05.09.2017 is a genuine document. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Judicial Magistrate, 1st Class, Hazaribagh within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/-(Rupees ten thousand) as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of
the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh in connection with Barkatha P.S. Case No.133 of 2018 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J . )
Animesh/
1 issue framed by the court
Whether anticipatory bail is maintainable for charges of cheating and forgery related to educational admissions.
1 provisions across 1 enactments
Raj Kumar Prasad
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
