Chhedi Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12100 of 2020 Arising Out of PS. Case No.-316 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== Chhedi Prasad Sah Son of Bilat Sah Resident of Village - Godam Tol, P.S.- Ladaniya, District - Madhubani At Present Teacher Utkramit Madhya Vidyalay Birpur, P.S.- Ladaniya, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Laukaha (Lalmania).P.S. Case No 316 of 2019, registered under sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

As per allegation in the F.I.R., it is stated by the informant that the petitioner was appointed as a Block teacher and subsequently on enquiry, it was found that the certificate purportedly issued by the Board and which was submitted by him was forged.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false. He has not

Patna High Court CR. MISC. No.12100 of 2020(3) dt.08-10-2020 2/2 submitted any forged certificate. In any case of the matter, he has been dismissed from service. He has no criminal antecedent. The application for bail is opposed by learned APP for the State who submits that no statement has been given in the bail petition to the effect that the petitioner has been dismissed from service or is not continuing in service. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact that the petitioner has been dismissed from service, the Court is inclined to enlarge the petitioner on bail.

The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Laukaha (Lalmania) P.S. Case No 316 of 2019, he will be enlarged on bail on furnishing bail bond of Rs 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jhanjharpur District -Madhubani, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U T