Patna High Court – Orders
Shravan Kumar vs The State Of Bihar on 20 December, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80137 of 2024
Arising Out of PS. Case No.-117 Year-2018 Thana- NAYA RAM NAGAR District- Munger
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Shravan Kumar S/o Mahendra yadav R/o Village- Mathar, P.S- Nayagaon,
District - Begusarai, at present residing at Village - Singhiya, P.S-
Nayaramnagar, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Anshu Dhar Sharma, Advocate.
For the Opposite Party/s : Mr.Ajay Mishra, APP.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 20-12-2024
Heard Mr. Anshu Dhar Sharma, learned counsel
appearing on behalf of the petitioner and Mr. Ajay Mishra,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Nayaramnagar P.S. Case No. 117 of 2018 registered for the
offence punishable under Sections 419, 467, 468, 471 and
420/34 of the Indian Penal Code.
3. Allegation is of appointment having been made on
the basis of forged certificate.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner was illegally appointed in the
school on the basis of forged certificate. The petitioner has
already been made accused in the Vigilance Case No. 117 of
2018 along with other co-accused who have already been
Patna High Court CR. MISC. No.80137 of 2024(2) dt.20-12-2024
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released on bail. The appointment of the petitioner has been
cancelled with immediate effect as per the order of the Deputy
Development Commissioner cum Chief Executive Officer, Zila
Parishad, Munger on 19.05.2016. On these grounds, the
petitioner seeks to be released on bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the fact that the appointment of the
petitioner has been cancelled with immediate effect as per the
order of the Deputy Development Commissioner cum Chief
Executive Officer, Zila Parishad, Munger on 19.05.2016 and the
same forms the part of the First Information Report, I find that
the vigilance case is still going on and similarly situated other
accused have been released on bail, the petitioner also, prima
facie, has made out a case to be released on bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, on furnishing his resignation letter or
any order relating to his termination from the service, in the
event of his arrest or surrender before the 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 learned Additional
Patna High Court CR. MISC. No.80137 of 2024(2) dt.20-12-2024
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Chief Judicial Magistrate-Ist, Munger in connection with
Nayaram Nagar P.S. Case No. 117 of 2018, subject to the
condition as laid down under Section 438(2) of the Cr.P.C.
8. The Court below must verify the documents
furnished on behalf of the petitioner that they are genuine and
duly issued by the authorities having jurisdiction.
9. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T