Ganga Prasad Chourasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3494 of 2019 Arising Out of PS. Case No.-121 Year-2000 Thana- CHAUTHAM District- Khagaria ====================================================== Ganga Prasad Chourasiya Late Charitra MaHto @ late Ram Charitra Chourasia Village baraipura PS Birpur District Begusarai ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nakul Kumar Jamuar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Chautham P.S. Case No. 121 of 2000 registered for the offence punishable under Sections 409, 419, 420, 467, 468, 471 of the Indian Penal Code Allegation against petitioner is that he got appointment on the basis of forged appointment letter in the Primary School, Gaurachak, Alauli in the year 1994 withdrew salary and got his pay fixation in service book. He was suspended in the year 2000.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. He was never appointed as Primary Teacher, another

Patna High Court Cr.Misc. No.3494 of 2019(3) dt.21-02-2019 2/3 person of his name had got appointment and he was arrested and was also granted bail and after 16 years on the basis of suspicion petitioner has been roped in this case showing him to be real culprit. Petitioner has no criminal antecedent and he is in custody since 18.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria, in connection with Chautham P.S. Case No. 121 of 2000 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the

Patna High Court Cr.Misc. No.3494 of 2019(3) dt.21-02-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T