The Patna High Court granted anticipatory bail to a petitioner apprehending arrest under Sections 420, 467, 468, 471 and 120B of the IPC for alleged usage of forged certificate in appointment as Panchayat Teacher.
Relief is bail to the petitioner on furnishing bond of Rs. 25,000 with two sureties of similar amount.
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.9185 of 2023
Arising Out of PS. Case No.-141 Year-2022 Thana- KORANSARAI District- Buxar
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MAHENDRA KUMAR SINGH Son of Jageshwar Prasad Singh Resident of Village- Banjhu- Dera, P.S.- Dumraon, District- Buxar. ... ... Petitioner/s Versus
The State of Bihar. ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Yogendra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 12-05-2023 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
Defect no.1, as pointed out by the office, may be
ignored.
With regard to other defects, learned counsel for
the petitioner is directed to remove the same during course of the day.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.
Petitioner is said to have got appointment on the post of Panchayat Teacher on the forged and fabricated certificate.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place.
Patna High Court CR. MISC. No.9185 of 2023(2) dt.12-05-2023 2/2
He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the petitioner was appointed as Panchayat Teacher in the year 2015 but after lapse of six years his certificate has been found to be fake but the informant has not made the Appointing Authority as accused in this case. It is further submitted that the petitioner has resigned on 05.11.2022 from the post of Panchayat Teacher as stated in para-11 of this application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Having regard to the facts and circumstances of the case, 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 Karonsarai P.S. Case No. 141 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
Trivedi/- U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving fabricated appointment certificates.
Whether the petitioner should be released on bail given the nature of the allegations and lack of criminal antecedent.
Mahendra Kumar Singh
The State of Bihar
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
