Single judge order granting anticipatory bail to an arrested petitioner accused of cheating and forgery related to a fake teacher's certificate, conditionally allowing arrest after surrender within six weeks.
Petitioner granted bail on furnishing bond with two sureties if he surrenders within six weeks.
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.2130 of 2023
Arising Out of PS. Case No.-136 Year-2022 Thana- SAHAR District- Bhojpur
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SURYAMANI KUMAR Son of Sanjay Gupta @ Sanjay Kumar Gupta R/VSahar, P.S- Sahar, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh, Adv. For the Opposite Party/s : Mr.Ajay Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 05-05-2023
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 467, 468, 471, 120(B) of IPC.
Allegation against the petitioner is that he tried to get appointment to the post of Gram Panchayat Teacher on the basis of fake and forged certificate.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. It is submitted that though counselling was held on 10.08.2021 in which the petitioner was alleged to be selected but on 12.08.2021, he has voluntary withdrawn his application was as candidature. No appointment letter was given to the petitioner. He has no
Patna High Court CR. MISC. No.2130 of 2023(3) dt.05-05-2023 2/2
criminal antecedent.
Learned APP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, since petitioner was not appointed, 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 connection with Sahar P.S. Case No.136/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
pallavi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging appointment of a teacher based on forged documents.
1 provisions across 1 enactments
Suryamani 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
