Shyamanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8246 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- FULKAHA District- Araria ====================================================== SHYAMANAND KUMAR Son of Shri Kadamlal Poddar Resident of Village- Pathraha, Panchayat Pathraha, P.S.- Fulkaha, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Fulkaha Police Station Case No. 86 of 2022 dated 02.08.2022, disclosing offences under Sections 419/420/467/468/471/120-B of the Indian Penal Code.

The prosecution story, on the basis of First Information Report, is that the petitioner has obtained the employment as Panchayat Teacher on the basis of forged marksheet of the intermediate examination. Learned counsel for the petitioner submits that the petitioner was appointed in the year 2005 and after 16 years, the

Patna High Court CR. MISC. No.8246 of 2023(2) dt.03-05-2023 2/3 enquiry was done by the Vigilance Department and it has been found during the course of investigation that certificate produced by the petitioner is allegedly forged. He next submits that investigation was done behind the back of the petitioner and no opportunity was given to the petitioner to defend himself.

Regards being had to the submissions made by the parties and taking into consideration the materials available on record and nature of allegation and the fact that the petitioner is in custody since 28.09.2022, and charge-sheet has already been submitted against him and there is no likelihood that the petitioner will abscond and/or temper with evidence, accordingly, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Sub-divisional Judicial Magistrate, Araria in connection to the Fulkaha Police Station Case No. 86 of 2022 dated 02.08.2022, disclosing offences under Sections 419/420/467/468/471/120-B of the Indian Penal Code. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in

Patna High Court CR. MISC. No.8246 of 2023(2) dt.03-05-2023 3/3 the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J) ashwani/- U