Sanjay Kumar Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26737 of 2022 Arising Out of PS. Case No.-93 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== SANJAY KUMAR UPADHYAY Son of Late Lalan Upadhyay Resident of Village - Nawadih, P.S.- Shahpur, District - Bhojpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Shahpur P.S. Case no. 93 of 2022 instituted for the offence under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

As per allegation in the FIR, petitioner was appointed as panchayat teacher on the basis of forged certificate of matriculation.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The District Program Officer, Bhojpur vide memo no. 1690 dt. 25.03.2022 issued to the Block Panchayati Raj Officer,

Patna High Court CR. MISC. No.26737 of 2022(2) dt.13-10-2022 2/2 Bihiyan, Bihar was pleased to direct for dismissal of the petitioner from service pursuant to which the petitioner is not continuing in service, and supportive document is annexed as Annexure-3 to the Supplementary affidavit. He has got no criminal antecedent. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Shahpur P.S. Case no. 93 of 2022, 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 learned ACJM-I, Bhojpur, Ara subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U