The Patna High Court granted bail to the petitioner in a case alleging use of forged certificates for appointment as a Block Teacher, directing release on a bond of Rs. 20,000 with conditions.
The petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17616 of 2023
Arising Out of PS. Case No.-184 Year-2022 Thana- HATHUA District- Gopalganj
======================================================
Artunjay Kumar Kushwha, S/O Janardan Bhagat, Resident of VillageFatehpur, Post-- Vishnupra (Maharajganj), P.S.- Daraunda, District- Siwan.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bijay Prakash Singh, Advocate For the State : Mr.Akshay Lal Pandit, APP For the Vigilance : Mr. Arvind Kumar, Advocate ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 22-05-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State as well as learned counsel for the Vigilance.
connection with Hathua P.S. Case No. 184 of 2022, registered for the alleged offences under Sections 420, 467, 468, 471, 120 (B)/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.17616 of 2023(2) dt.22-05-2023 2/3
case. Only allegation against the petitioner is that he used fake certificate, but there is no allegation that he fabricated the same. The petitioner filed genuine and valid documents at the time of his application and the same were verified and found to be correct by the appointing committee. Thereafter, he was issued appointment letter. This Court directed the Government of Bihar to verify the documents of the teachers so appointed and after lapse of eight years, the present case has been lodged against the petitioner. Moreover, offenses alleged in the FIR are not made out against the petitioner. The petitioner is in custody since 14.10.2022 and the charge sheet has been submitted. The petitioner is having clean antecedent. The learned counsel further submits that similarly placed persons have been granted anticipatory bail by different Coordinate Benches of this Court vide Cr. Misc. Nos.1367 of 2017 and 3070 of 2017.
Patna High Court CR. MISC. No.17616 of 2023(2) dt.22-05-2023 3/3
custody of the petitioner and submission of charge sheet, the petitioner is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Gopalganj, in connection with Hathua P.S. Case No. 184 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving allegation of presenting fake certificates for teacher's appointment.
1 provisions across 1 enactments
Ar.jay Kumar Kushwha
The State Of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
