Satyendra Prasad @ Satendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52793 of 2016 Arising Out of PS.Case No. -272 Year- 2015 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Satyendra Prasad @ Satendra Prasad S/o Adalat Ray R/o Vill - Tahal Tola (Zilkabad), P.S. - Garkha, Dist - Saran (Chapra). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Singh, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 21.10.2016 in connection with Chapra Muffasil P.S. Case No. 272 of 2015 registered for the offence punishable under Sections 420, 467, 468, 471 and 409 of the Indian Penal Code. The prosecution case, as lodged by the District Agriculture Officer, is that the petitioner was appointed as Kisan Salahkar on 18.06.2012, but during course of enquiry the educational certificates submitted for getting the job were found to be forged as affirmed by the Headmaster of the college from where the petitioner has passed out, as such, it was alleged that the petitioner has illegally taken Govt. job and money as payment of

Patna High Court Cr.Misc. No.52793 of 2016 (2) dt.16-12-2016 2/3 salary amounting to Rs. 72,513/-.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has already returned back a sum of Rs. 72,513/- to the Government, as is evident from Annexure-2 to this application. It is further submitted that the petitioner is also not working on the post of Kisan Salahkar and that he undertakes to co-operate with the investigation and will appear before the police/ Court as and when required.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since petitioner has already refunded all the amount taken in lieu of salary and is not working on the said post, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 272 of 2015, subject to the condition that he will co-operate with the investigation, supply all the papers and appear before the police/ Court as and when required.

Patna High Court Cr.Misc. No.52793 of 2016 (2) dt.16-12-2016 3/3 With these observations and directions, this application stands allowed.

(Nilu Agrawal, J.) Arjun/- U T