Allowed

Mithlesh Kumar @ Mithilesh Kumar v. The State Of Bihar

Patna HC18 May 2018CR. MISC./28516/2018

Case brief

AI extract

What is this about?

The Hon'ble High Court, Patna granted anticipatory bail to the petitioner in a case involving cheating and forgery charges. The petitioner was directed to surrender within six weeks and furnish a bail bond with conditions regarding local sureties, cooperation in trial, and conduct.

What did the court decide?

Anticipatory bail allowed on surrender/arrest within six weeks, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 438(2) Cr.P.C.

Mithlesh Kumar @ Mithilesh Kumar Vs The State Of Bihar — Cheating and Forgery | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28516 of 2018

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Arising Out of PS. Case No.-8 Year-2018 Thana- AKBARPUR District- Nawada

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======================================================

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Mithlesh Kumar @ Mithilesh Kumar Son of late Sadhu Sharan Prasad Yadav@ Sadhu Sharad Prasad Yadav Resident of Village- Sawaiya Gopalpur, Post Office- Darwan, Police Station- Akbarpur, District Nawadah.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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2 18-05-2018

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Heard learned counsel for the petitioner and learned APP for the State.

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Petitioner apprehends his arrest in Akbarpur P.S. case no. 08 of 2018 instituted for the offence under Section(s) 419, 420, 467, 468, and 471/34 of the Indian Penal Code.

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It is alleged in the written report that as per the order of the District Magistrate, Nawada, the admit cards of Teachers Eligibility Test of 253 teachers appointed in third/fourth phase on the basis of T.E.T. certificate were inspected by the Enquiry team from 13.11. 2017 to 17.11.2017 and, as per Enquiry report, certificate of three teachers including this petitioner under Akbarpur block were found forged.

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Learned counsel for the petitioner submits that petitioner

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Patna High Court Cr.Misc. No.28516 of 2018(2) dt.18-05-2018 2/3

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has filed a writ petition being CWJC No. 1209 of 201 before this Hon’ble High Court, Patna enclosing all the testimonials impleading even Bihar School Examination Board as respondent claiming that his testimonials are valid and genuine. It is further submitted that a counter affidavit has been filed in the said writ petition on behalf of the Bihar School Examination Board, a copy of the same has been annexed as Annexure-4 to the supplementary affidavit by the petitioner wherein the Bihar School Examination Board has stated that all the testimonials filed by the petitioner are found correct.

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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 Akbarpur P.S. case no. 08 of 2018, 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 learned ACJM-1^st , Nawadah, 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

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Patna High Court Cr.Misc. No.28516 of 2018(2) dt.18-05-2018 3/3

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the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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.

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(Sanjay Priya, J)

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shyambihari/-

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U T

Mithlesh Kumar @ Mithilesh Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Mithlesh Kumar @ Mithilesh Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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