Allowed

Vikash Anand v. The State of Bihar

Patna HC5 Oct 2020CR. MISC./10395/2020

Case brief

AI extract

What is this about?

This order grants anticipatory bail to a petitioner apprehending arrest for offences under Sections 467, 468, 471, and 420 IPC regarding a alleged forged B.Ed. Certificate used for appointment. The court authorised bail subject to conditions including a bond, sureties, and lockdown guidelines.

What did the court decide?

Anticipatory bail granted on execution of a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438 CrPC and lockdown guidelines.

Vikash Anand Vs The State of Bihar — Cheating and Forgery | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10395 of 2020

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Arising Out of PS. Case No.-521 Year-2019 Thana- KESARIA District- East Champaran

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

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VIKASH ANAND Son of Vinod Kumar Upadhyay Resident of Muzaffarpur Road Hospital Gate, Gandhi Maidan, Chakia, P.S.-Chakia, District-East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umakant Shukla, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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5 05-10-2020 Heard Mr. Umakant Shukla, learned counsel for the petitioner and Mr. Shyameshwar Dayal, learned Additional Public Prosecutor appearing for the State through video conferencing.

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Petitioner apprehends his arrest in connection with Kesariya P.S. Case No. 521 of 2019 registered for the offence punishable under Sections 467 / 468 / 471 / 420 of the I.P.C.

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The allegation against the petitioner as per the First Information Report is that the B.Ed. Certificate submitted by the petitioner at the time of his appointment was found forged.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as petitioner has completed his B.Sc., M.Sc. and B.Ed. Degrees

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Patna High Court CR. MISC. No.10395 of 2020(5) dt.05-10-2020 2/3

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from Rajeev Gandhi University, Konu Hills, DOCMUKH, Arunachal Pradesh and he has submitted the documents of educational qualification issued by Rajeev Gandhi Univesity, Konu Hills, DOCMUKH, Arunachal Pradesh at the time of his appointment, but the informant, who is the Headmaster of the school, with oblique motive, got the B.Ed. Certificate, allegedly belonging to the petitioner, issued by the State Council of Research and Training, Haryana, verified which was never submitted by the petitioner at the time of his appointment.

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Learned counsel for the informant had argued in this case vehemently on last occasion and had placed various documents filed along with his counter affidavit in opposition of this petition and had submitted that all the documents annexed along with the counter affidavit will show the involvement of the petitioner in the present offence.

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On the other hand, learned counsel for the State referring to the case diary submits that Annexure- 3 issued by District Education Officer, East Champaran, Motihari creates doubt on the prosecution story.

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Having regard to the submissions made by the parties and taking into consideration the materials available on record, I am inclined to grant anticipatory bail to the petitioner.

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Patna High Court CR. MISC. No.10395 of 2020(5) dt.05-10-2020 3/3

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Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, 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 learned A.C.J.M.-3 Motihari, East Champaran / court concerned in connection with Kesariya P.S. Case No. 521 of 2019 , subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.

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It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Vikash Anand v. The State of Bihar

Case brief

What is this about?

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Vikash Anand v. The State of Bihar

Case brief

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