Jharkhand High Court
Jai Kishore Prasad vs The State Of Jharkhand .... .... .... ... on 18 August, 2023
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.364 of 2023
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1. Jai Kishore Prasad
2. Sunil Kumar Albela .... .... .... Petitioners Versus The State of Jharkhand .... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Prabhas Chandra Jha, Advocate
For the State : Mr. Pankaj Kumar, P.P
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Order No.05 Dated- 18/08/2023
Heard the parties.
Apprehending their arrest in connection with Dhanbad P.S. Case No.164 of 2017 corresponding to G.R. No.1224 of 2017 instituted under Sections 467, 468, 471, 420, 511 and 120 (B) of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were appointed as teachers and petitioner No.1 was posted at Upgraded Middle School at Sabalpur, Nirsa-2 and petitioner No.2 was posted at Upgraded Middle School at Fatehpur and during verification it was found that the Teachers Eligibility Test (TET) Certificate of the instant petitioners was found to be forged. It is submitted that the allegation against the petitioners is false. It is then submitted that the petitioners have not withdrawn any salary since their posting. It is further submitted that the petitioners are ready and willing to cooperate with the investigation of the case and to furnish sufficient security including cash security. It is also submitted that the co- accused, with similar allegations, has already been given the privileges of anticipatory bail by this Court vide order dated 05.02.2018 passed in A.B.A. No.4685 of 2017. Hence, it is submitted that on the principle of parity, the petitioners be also given the privileges of anticipatory bail.
Learned P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned Chief Judicial Magistrate, Dhanbad within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/-(Rupees ten thousand) each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad P.S. Case No.164 of 2017 corresponding to G.R. No.1224 of 2017 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that thye will not change their mobile number during the pendency of the case and further conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J.) Animesh/