Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43428 of 2021 Arising Out of PS. Case No.-331 Year-2020 Thana- BISFI District- Madhubani ====================================================== AJAY KUMAR S/o Ganesh Kapri R/o village- Gandhinagar Simri, P.S.- Bisfi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha, Advocate Mr. Arun Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-03-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bisfi P.S. Case No. 331 of 2020 for the offence registered under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

The allegation is regarding the petitioner having obtained appointment fraudulently as a teacher by submitting marks sheet of Intermediate Examination held in the year 1993, wherein instead of his name, name of one Arun Kumar had been depicted.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing

Patna High Court CR. MISC. No.43428 of 2021(2) dt.02-03-2022 2/3 in custody since 09.02.2021. The learned counsel for the petitioner has further referred to Annexure-3 to the present petition to submit that on account of mistake, the name of the petitioner was not mentioned in the marks sheet and instead the name of one Arun Kumar had been mentioned, however, the same has been subsequently corrected. It is next submitted by the learned counsel for the petitioner that as per his information the petitioner has already stood terminated from the services of the State Government. Lastly, it is submitted that the roll number of the petitioner has also been corrected subsequently. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that it is the categorical averment of the petitioner that on account of mistake, wrong marks sheet had been issued to the petitioner which has been subsequently corrected apart from the fact that the petitioner is having a clean antecedent and is languishing in custody since more than a year, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Patna High Court CR. MISC. No.43428 of 2021(2) dt.02-03-2022 3/3 Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Benipatti in connection with Bisfi P.S. Case No. 331 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T