Patna High Court - Orders
Amod Kumar vs The State Of Bihar on 24 August, 2022
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21448 of 2022
Arising Out of PS. Case No.-219 Year-2021 Thana- SHEOHAR District- Sheohar
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AMOD KUMAR Son of Hari Kaant Gupta @ Hari Kant Sah Resident of
Sheohar, Ward No.-5, P.S. and District - Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Abhay Shankar Singh
For the Opposite Party/s : Mr. Ajay Mishra
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 24-08-2022Heard 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 of Indian Penal Code.
Allegedly, during the course of verification of original documents of Teacher Eligibility Test (TET) it appeared that the petitioner had submitted TET certificate of July 2019 at the time of application, whereas during counseling he produced original certificate of December 2019, which appeared to be a case of forgery. The petitioner managed to escape due to over crowding Patna High Court CR. MISC. No.21448 of 2022(2) dt.24-08-2022 2/3 and his original certificate could not be seized.
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 due to some error of record. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. No harm or loss was caused to anyone nor anyone was induced by the petitioner. The petitioner had passed Central Teacher Eligibilty Test (CTET) in December 2019 and the same can be verified by digital mode from the Central Board of Secondary Education. Petitioner has one criminal antecedent, as also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, 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 Patna High Court CR. MISC. No.21448 of 2022(2) dt.24-08-2022 3/3 below where the case is pending/Successor Court in Sheohar P.S. Case No.219 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/-
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