Dablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13598 of 2022 Arising Out of PS. Case No.-591 Year-2021 Thana- BIHAR District- Nalanda ====================================================== DABLU KUMAR SON OF SHIVENDRA YADAV @ SURENDRA YADAV @ SUMINDRA YADAV @ SUMENDRA YADAV R/O VILLAGEMOHANPUR, P.S.- NALANDA, DISTRICT- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indu Bhushan For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 420, 467, 468 and 471/34 of the Indian Penal Code.

As per allegation petitioner claimed himself to be juvenile before the court below and during course of enquiry for deciding his plea of juvenility school leaving certificate and admission register of the concerned school were produced before the court below but the court below found date of birth of the petitioner having been manipulated and accordingly, petitioner is alleged to have committed forgery in collusion with

Patna High Court CR. MISC. No.13598 of 2022(2) dt.13-07-2022 2/3 the staff of the said school in getting the said certificate. The main submissions advanced by the learned counsel for the petitioner are that petitioner has not manipulated any entry in the column with regard to date of birth in the said register and concerned headmaster, namely, Rajesh Prasad who is stated to have issued disputed school leaving certificate of the petitioner has been granted regular bail by a coordinate bench of this court vide order passed in Cr. Misc. no. 62015 of 2021 and present petitioner has been languishing in jail since 30.09.2021. Further submission is that petitioner has been granted bail in connection Nalanda P.S. Case no. 83/2021 in which he took the plea of juvenility.

Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances of the case and the fact that concerned headmaster who is alleged to have issued the school leaving certificate of the petitioner in which an entry with regard to date of birth was found to be forged has been granted regular bail vide order passed in the above mentioned miscellaneous case and as per petition, petitioner is very young person and he has been languishing in jail since 30.09.2021, in my view, a lenient approach may be taken in respect of the petitioner. Let the petitioner be released

Patna High Court CR. MISC. No.13598 of 2022(2) dt.13-07-2022 3/3 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 Chief Judicial Magistrate, Nalanda at Biharsharif in Bihar P.S Case No. 591 of 2021.

(Shailendra Singh, J) s.hassan/- U T