Vijay Kumar @ Bijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29542 of 2024 Arising Out of PS. Case No.-669 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Vijay Kumar @ Bijay Kumar Son of Kailash Yadav Resident of VillageKharhat, Post- Phulmalik (fulmalik), Ps- Sahebpur Kamal, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Town P.S. Case No. 669 of 2018 registered under Sections 419, 420, 467, 468 and 120-B of the Indian Penal Code.
3. Allegation against the petitioners is to produce the forged certificate of class-VIII to get a job as Home-guard, which on verification, found false.
4. It is submitted by learned counsel that petitioner is an innocent person and he himself appears victim of circumstances. It is submitted that the certificate in
Patna High Court CR. MISC. No.29542 of 2024(2) dt.26-04-2024 2/3 issue was issued by the then Headmaster, who is now dead and for said reason, school failed to maintain the appropriate register from where verification was done by informant. It is also submitted that petitioner is not beneficiary and he never joined service out of selection. While concluding argument, it is pointed out that all petitioner is a man of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid facts and circumstances, as petitioner not appears beneficiary out of certificate as issued by school, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender in the trial court within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Town P.S. Case No. 669 of 2018 subject to the conditions as laid down under Section 438(2) of the CrPC and with further conditions:- (i) That petitioners shall not involve in similar nature of
Patna High Court CR. MISC. No.29542 of 2024(2) dt.26-04-2024 3/3 case till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioners.
(ii) That petitioners shall co-operate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioners duly supported by the documents.
(iii) That one of the bailors shall be close relative/family members of the petitioners (Chandra Shekhar Jha, J.) S.Tripathi/- U T