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2025 DAILYLAW 79378 (PAT)

Mahendra Poddar v. The State of Bihar

CR. MISC./79877/2024 · 2025-04-07

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79877 of 2024 Arising Out of PS. Case No.-39 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Mahendra Poddar Son of Late Kartik Poddar Resident of village - Nanhku Mandal Tola, Durgapur, P.S.- Muffasil, District - Khagaria. ... ... Petitioner/s Versus 1. The State of Bihar 2. Vigilance Department Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sri Krishna Ranjan, Advocate For the Opposite Party/s : Mr. Arvind Kumar , App For Vigilance : Mr. Arvind Kumar , Advocate Mr. Paritosh Parimal , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 07-04-2025 Heard learned counsel for the petitioner and the State . 2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 409, 420, 467, 468, 471 and 120 ( b ) of the Indian Penal Code . 3 . As per the prosecution case , this petitioner in connivance with other co-accused persons appointed co-accused Patna High Court CR. MISC. No.79877 of 2024(3) dt.07-04-2025 2/3 Abhishek Kumar as Nagar Primary Teacher on the basis of forged and fabricated certirficates. 4. Learned counsel for the petitioner submits that at the relevant time petitioner was posted as DPO Establishment begusarai and he was one of the member of Nagar Teacher Appointment Committee along with other persons. The appointment of co-accused Abhishek Kumar was made in the year 2015 by the Committee consisting of 5 members and it was a collective decision and as such , this petitioner alone cannot be held responsible for the mistake committed by the aforesaid Committee . Petitioner has already superannuated from Education Department, Government of bihar. Moreover, co- accused Abhishek Kumar who has been appointed on the post of “Town Teacher (Nagar shikshak)” has already been granted bail by Co-ordinate bench of this Hon’ble Court in Cr. Misc. No. 31295 of 2022 vide order dated 20.10.2022 . 5 . Learned counsel for the State opposes the bail petition of the petitioner. 6. Considering the fact that co-accused Abhishek Kumar has already been granted bail by Co-ordinate bench of this Hon’ble Court and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let Patna High Court CR. MISC. No.79877 of 2024(3) dt.07-04-2025 3/3 the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate begusarai in connection with bakhri P.S. case No. 39 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . Koushik/- (Prabhat Kumar Singh, J) U T