Upendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36797 of 2024 Arising Out of PS. Case No.-228 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Upendra Kumar Son of Late Ramjee Singh Resident of Village - Dahiyar, P.S.- Sasaram (M), District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Kant For the Opposite Party/s :
Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sasaram Nagar P.S. Case No. 228 of 2024 instituted for the offences punishable under Sections 467, 468, 471, 419 and 420 of the Indian Penal Code.
3. As per prosecution case, the thumb impression and photograph of the petitioner did not match with the data provided by B.P.S.C. Teacher Recruitment.
4. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case. He submitted that the petitioner is a disable and has hearing impairment meaning thereby the petitioner was not capable of
Patna High Court CR. MISC. No.36797 of 2024(2) dt.21-05-2024 2/3 listening and his thumb impression was not taken and he passed lots of process and procedure during the recruitment. All the educational qualifications of the petitioner are true and genuine and he has not done any forgery regarding the document or electronic record. He further submitted that the F.I.R. has been lodged by the informant on the direction of District Education Officer without application of his mind and the petitioner has been terminated from service after lodging this case. The petitioner is in custody since 03.03.2024 and has no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sasaram Nagar P.S. Case No. 228 of 2024, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.
Patna High Court CR. MISC. No.36797 of 2024(2) dt.21-05-2024 3/3 (ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.
(iii) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Arish/- U T