Patna High Court - Orders
Mithilesh Kumar vs The State Of Bihar on 22 September, 2023
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57692 of 2023
Arising Out of PS. Case No.-789 Year-2022 Thana- GHOSI District- Jehanabad
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Mithilesh Kumar, S/O Kameshwar Prasad, R/O Village- Madarichak, P.S-
Makhdumpur, Distt.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the Opposite Party/s : Mr.Ajay Mishra, APP
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 22-09-2023Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner is apprehending his arrest in connection with Ghoshi P.S. Case No. 789 of 2022 registered for the alleged offences under Sections 420, 467, 468, 471 and 120 (B) of the Indian Penal Code.
3. As per prosecution case, the petitioner allegedly submitted a forged mark sheet of matriculation at the time of selection as a Block Teacher.
4. The learned counsel for the petitioner submits that the allegation against the petitioner is false and fabricated. The mark sheet of matriculation produced by the petitioner having Roll No.0727 with Roll Code-07101 was sent to Bihar School Examination Board for verification and on this ground, the FIR Patna High Court CR. MISC. No.57692 of 2023(2) dt.22-09-2023 2/3 was registered against the petitioner whereas the Roll No. of the petitioner was 927. The learned counsel further submits that on the basis of said claim of the petitioner, he has been reinstated and has been working in Upgraded Middle School, Korma, Block-Ghosi, District-Jehanabad. The learned counsel further submits that the petitioner is ready and willing to join the investigation as and when required. The petitioner is having clean antecedent.
5. Learned APP opposes the prayer for anticipatory bail submitting that mark sheet of matriculation produced by the petitioner at the time of his employment has been sent for its verification and the same has been found to be forged and fake.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation, let the petitioner, above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, 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 Chief Judicial Magistrate, Jehanabad, in connection with Ghoshi P.S. Case No. 789 of 2022, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:
Patna High Court CR. MISC. No.57692 of 2023(2) dt.22-09-2023 3/3
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
The petitioner will produce his mark sheet/certificate of matriculation before the learned trial court, which will get the same verified from the authorities and in case it is found that the petitioner has made false submission before this Court, his bail bond will not be accepted and he will be taken into custody.
(Arun Kumar Jha, J) V.K.Pandey/-
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