IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47590 of 2008 BABITA KUMARI D/O OF HARILAL CHOUDHARY WIFE OF INDRAJEET CHOUDHARY @ INDRAJEE CHAUDHARY, RESIDENT OF VILLAGE KUMARSHONW, P.S. GARHPURA, DISTT. BEGUSARAI. Versus THE STATE OF BIHAR . with Cr.Misc. No.25168 of 2009 GAJENDRA KUMAR, SON OF LATE RAM CHANDRA RAI, RESIDENT OF VILLAGE KUMARSHONW, POLICE STATION GARHPURA, DISTRICT BEGUSARAI. Versus THE STATE OF BIHAR . ----------- 11. 31.03.2010 Heard learned counsel for the petitioner Babita Kumari and Gajendra Kumar who are seeking bail in the event of arrest in connection with Garhpura P.S. Case No.49 of 2008 registered for the offence under Sections 465, 467, 472, 474 and 420 of the Penal Code, in which petitioners along with three others, namely, Sambhu Nath Jha, Manoj Kumar and Rajni Kumari are alleged to have obtained appointment as Panchayat Teacher on the basis of forged certificate as also heard counsel for the State and co-accused Sambhu Nath Jha, who was allowed bail in the event of arrest in the aforesaid case under orders dated 21.4.2009 after observing as follows :- “Petitioner Sambhu Nath Jha, although obtained appointment on the basis of forged certificate but when he realized that his certificate is forged, he left the job and appreciating such submission he is directed to surrender in the court below within four weeks from today and thereafter be admitted to the privilege of bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Garhpura P.S. case No.49 of 2008, subject to the conditions as laid - 2 - down under Section 438(2) Cr.P.C.” 2. During hearing of these application on 5.5.2009 it was submitted by the counsel for the petitioners that the anticipatory bail order dated 21.4.2009 passed in favour of Sambhu Nath Jha proceeds on the basis of false and incorrect statement made on his behalf that having realized his appointment as Panchayat Teacher is made on the basis of forged certificate he left the job but he still continues to serve as Panchayat Teacher on the basis of the same certificate in the Ghaghra Simari Panchayat under Bakhari block. This court, thereafter issued notice under orders dated 5.5.2009, Sambhu Nath Jha having appeared filed counter affidavit but has not disputed the fact that he still continues to be Panchayat Teacher on the same certificate and statement to the contrary made before this Court on 21.4.2009 that having realized that his certificate is forged he left the job is incorrect. 3. It is thus evident that Sambhu Nath Jha obtained bail in the event of arrest under orders dated 21.4.2009 on the basis of false and incorrect statement, accordingly, order dated 21.4.2009 passed in Cr. Misc. No.45826 of 2008 is recalled with direction to Sambhu Nath Jha to surrender in the court below within 45 days from today and apply for regular bail, which should be considered in accordance with law. In the event, petitioner Sambhu Nath Jha does not surrender within the aforesaid time the court below should ensure his attendance in the case. 4. So far petitioner Babita Kumari is concerned, she has already deposited the amount, which she drew as Panchayat Teacher and petitioner Gajendra Kumar is undertaking to deposit such amount within - 3 - four weeks from today. In the circumstances, petitioners Babita Kumari and Gajendra Kumar are directed to surrender in the court below within four weeks from the date of receipt of this order in the court below, thereafter the court below should confirm the fact that Babita Kumari and Gajendra Kumar have deposited the amount drawn by them as Panchayat Teacher and release them on bail on furnishing bail bonds of Rs.5,000/-(Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Begusarai in connection with Garhpura P.S. Case No.49 of 2008, G.R.No. 2077 of 2008, subject to the conditions as laid down under Section-438(2) Cr.P.C. The deposit made shall be subject to the result of the trial. In the event, deposit is not made by Babita Kumari and Gajendra Kumar this order should not be given effect to as regards them. Rajesh/ (V.N.Sinha, J.)