Oral order granting anticipatory bail on undertaking to remove bail defects within four weeks upon arrest or surrender, subject to specific bail bond conditions and Section 438 Cr.P.C. conditions.
Released on bail upon arrest or surrender within six weeks, contingent on furnishing bail bond and undertaking to remove defects.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11174 of 2022
Arising Out of PS. Case No.-236 Year-2021 Thana- BAHERI District- Darbhanga
======================================================
BAIDYANATH KUMAR Son of RamKripal Yadav Resident of Village - Rahi, Post- Mataunia, P.S. - Baheri, Distt. - Darbhanga- 847105, Bihar.
... ... Petitioner/s
Versus
| The State of Bihar =================== |
... ... Opposite Party/s =================================== |
|---|---|
| Appearance : | |
| For the Petitioner/s : |
Mr. Ramakant Sharma, Senior Adv Mr. Pintu Kumar Patel, Adv |
| For the Opposite Party/s : | Mr. Ajay Mishra, APP |
| For the Vigilance : =================== |
Mr. Arvind Kumar, Adv =================================== |
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 23-08-2022
Heard the parties.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offence punishable under section 420, 467, 468, 471 and 120B of the Indian Penal Code.
Allegedly, the madhyama marksheet certificate of the petitioner was found to be forged and fabricated. It has been further alleged that the petitioner has been discharging his duty as a teacher since 12.05.2005 and has been drawing his salary and emoluments.
Patna High Court CR. MISC. No.11174 of 2022(3) dt.23-08-2022 2/2
It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The petitioner has no knowledge of fake mark-sheet. It is submitted that the petitioner has already been terminated from his service by the concerned authorities. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, since the petitioner has already been terminated from his service, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Baheri P.S. Darbhanga Case No.236 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
pallavi/-
U T
2 issues framed by the court
Whether pending anticipatory bail application can be allowed conditionally without a prior hearing on merits, given the petitioner claims innocence and alleged forgery.
Whether attachment of case under Section 438 CrPC is appropriate when the petitioner is already terminated and apprehends arrest.
1 provisions across 1 enactments
Baidyanath Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
