Sharad Chandra @ Shardchand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7099 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -NIMCHAKBATHANI District- GAYA ====================================================== Sharad Chandra @ Shardchand, son of Sri Sahjanand Singh, resident of Village - Sheotar, P.S. - Atari, District - Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : M/S. Ajay Kumar Thakur, Shashank Kumar Thakur and Pravin Kumar, Advocates.

For the Opposite Party : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Neemchak Bathani P.S. Case No. 149 of 2016 for the offences instituted under Sections 420, 467, 468 and 471 of the Indian Penal Code.

The prosecution story, in brief, is that the informant as per order of this Hon'ble Court passed in C.W.J.C. No. 15459 of 2014, the Educational Certificates of Niyojit Teachers and Librarians for the year from 2006 are being verified. The handicapped certificate of this petitioner being the Panchayat Teacher, Middle School, Baraini, Block-Neemchak Bathani was verified and checked by the Civil Surgeon-cum-Medical Officer,

Patna High Court Cr.Misc. No.7099 of 2017 (3) dt.03-03-2017 2/2 East Champaran, Motihari, and after enquiry and verification, the same was found to be forged vide his Letter No. 3376 dated 07.10.2016. Hence, the F.I.R.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has been made accused in the present case due to mistake of fact. The allegation made in the F.I.R. regarding production of fake handicapped certificate is denied by the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Neemchak Bathani P.S. Case No. 149/2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateXth, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T