Samrendra Nath Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5338 of 2016 Arising Out of PS.Case No. -77 Year- 2014 Thana -BARHAT District- JAMUI ====================================================== Samrendra Nath Upadhyay, son of Krishnandan Upadhyay, Resident of village - Garsanda, Police Station - Jamui, District - Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Sangita Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-02-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Barhat P.S. Case No. 77/14 for offences alleged under Sections 420, 467, 468, 471 of the Indian Penal Code.

The prosecution case is that the petitioner, who is a Panchayat Teacher, has been found to have secured appointment on the basis of forged B.E.T.E.T. certificate and a written report was sent to the police station by the Panchayat Secretary, Nima Gram Panchayat on 24.12.2014.

It has been submitted by the learned counsel for the petitioner that after following the due procedure he has been appointed as Panchayat Teacher of Nima Gram Panchayat in the

Patna High Court Cr.Misc. No.5338 of 2016 (2) dt.26-02-2016 2/2 year 2012 and without issuing notice or without verifying the documents in possession of the petitioner the present case has been lodged against the petitioner with ulterior motive. It has been submitted that the petitioner has no criminal history and that he has submitted his application before the appellate authority and the matter is still pending before it and submits that he is ready to show the educational certificates and that he has not been paid a single farthing, although, has worked since 2012. However, learned APP for the State opposes the prayer for bail and submits that the petitioner is named in the First Information Report.

Be that as it may, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, 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 Judicial Magistrate, Jamui, in connection with Barhat P.S. Case No. 77/14, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T