Braj Kishor Yadav The Then Mukhiya Gram Pachayat Batho Radhiyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49721 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- BAHERA District- Darbhanga ====================================================== BRAJ KISHOR YADAV THE THEN MUKHIYA GRAM PACHAYAT BATHO RADHIYAM Son of Late Rajendra Yadav, Resident of VillageRadhiyam, P.O.- Batho, P.S.- Bahera, Rahiam, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Bahera P.S. Case No. 04/2020 registered for offence punishable under sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

As per allegation, co-accused Md. Umar Farooque became successful in securing employment of Panchayat Teacher in the year 2007 after producing forged certificate. As per allegation, his marks were 414, which was shown as 666. The learned counsel for the petitioner has submitted that the petitioner is innocent. He is Mukhiya of Batho Panchayat. The duty of the petitioner was to tally the marks, which was later on to

Patna High Court CR. MISC. No.49721 of 2021(2) dt.20-06-2022 2/2 be verified by the Panchayat Secretary. He has submitted further that Md. Umar Farooque, against whom there was allegation of producing forged certificate, has been granted bail by the coordinate Bench in Cr. Misc. No. 23798 of 2020, vide order dated 16.10.2020 and as per observation of the coordinate Bench, he has resigned from his job.

Considering the fact that the main accused, against whom there was allegation of producing forged certificate, has been granted bail by the coordinate Bench and thereafter, he tendered his resignation, let the petitioner above named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Bahera P.S. Case No. 04/2020, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T