Devraj Kumar @ Devbrat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9179 of 2024 Arising Out of PS. Case No.-669 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

Devraj Kumar @ Devbrat Kumar S/o Deep Narayan Yadav, Resident of Village- Kharhat, Post -Fulmallik, P.S. Sahebpur Kamal, Dist. -Begusarai. 2.

Aditya Kumar @ Manish Kumar, S/o Ashok Sahni Village- Shaligrami, P.S.- Sahebpur Kamal, Dist.-Begusarai.

3.

Sudama Kumar, S/o Sri Chamru Yadav, resident of Village-Hiratol, (Hira Tola), Ward No. 03, Post Rahimpur, P.S.- Sahebpur Kamal, Dist.-Begusarai. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kr. Gautam, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Town P.S. Case No.669 of 2018 registered under Sections 419, 420, 467, 468 and 120-B of the Indian Penal Code.

3. Allegation against the petitioners is to produce the forged certificate of class-VIII to get a job as Home-guard, which on verification, found false.

4. It is submitted by learned counsel that petitioners are innocent persons and they themselves appears victim of circumstances. It is submitted that the certificate in

Patna High Court CR. MISC. No.9179 of 2024(2) dt.22-02-2024 2/3 issue was issued by the then Headmaster, who is now dead and for said reason, school failed to maintain the appropriate register from where verification was done by informant. It is also submitted that petitioners are not beneficiary and they never joined service out of selection. While concluding argument, it is pointed out that all petitioners are men of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid facts and circumstances, as petitioners not appears beneficiary out of certificate as issued by school, accordingly, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Town P.S. Case No.669 of 2018 subject to the conditions as laid down under Section 438(2) of the CrPC and with further conditions:- (i) That petitioners shall not involve in similar nature of case till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioners. (ii) That petitioners shall co-operate in the trial and shall be physically present on each

Patna High Court CR. MISC. No.9179 of 2024(2) dt.22-02-2024 3/3 and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioners duly supported by the documents.

(iii) That one of the bailors shall be close relative/family members of the petitioners (Chandra Shekhar Jha, J.) Sanjeet/- U T