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Patna High CourtCR. MISC./37074/2023bail granted

Vikash Kumar v. The State Of Bihar

2023-07-26Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37074 of 2023 Arising Out of PS. Case No.-07 Year-2022 Thana- DUMRAO District- Buxar ====================================================== VIKASH KUMAR Son of Sugriv Paswan , (As Per The Fir Surendra Ram ) Resident Of Village Dumraon, P.S-. Dumraon, District -Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 26-07-2023 Heard Mr. Amit Kumar Pandey, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing for the State.

2. The petitioner apprehends arrest in connection with Dumraon P.S. Case No. 07 of 2022 registered for the offences punishable under Sections 467, 468, 471, 420 and 120B/34 of the Indian Penal Code.

3. Petitioner is one of the candidates of Block Teacher who was called for in the office of the District Education Officer along with other candidates for verification of their academic certificates, however, the petitioner and other candidates did not appear and later on, in course of inquiry it has been found that on the basis of forged and fabricated academic certificates their names have entered in the selection list.

Patna High Court CR. MISC. No.37074 of 2023(2) dt.26-07-2023 2/3

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has nothing to do with the certificates which have been filed on his behalf as it has been replaced by some unscrupulous person. This fact also fortified for the reason that in such certificate the father's name of the petitioner has been wrongly mentioned and had the petitioner been genuinely involved in such crime, he would not have given the incorrect name of his father which, prima facie, causes suspicion. He next submits that the petitioner is a student having absolutely fair antecedent and if he would be sent behind the bar, his entire career would be jeopardized.

5. On the other hand, learned counsel appearing on behalf of the State opposes the bail application and submits that during the course of investigation ample material is given which hints the involvement of the petitioner.

6. Having considered the submissions made on behalf of the parties, and considering the fact that the petitioner is a student having fair antecedent, and moreover, his candidature has already been rejected at the threshold and he has not obtained any employment on the basis of the forged and fabricated certificate, let the above named petitioner, be released on bail, in the event of his arrest/ surrender before the learned

Patna High Court CR. MISC. No.37074 of 2023(2) dt.26-07-2023 3/3 Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Dumraon P.S. Case No. 07 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) Alok Verma/- U T