Bhedi Lal Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54922 of 2021 Arising Out of PS. Case No.-56 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== BHEDI LAL SARDAR Son of Chhutaharu Sardar Resident of Village - Daparakha, P.S. - Triveniganj, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP For the Informant :

Mr. Abhinay Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-02-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 468, 467 and 471 of the Indian Penal Code.

As per the prosecution case, the petitioner appeared twice for matriculation examination under different names and as a result of the different date of births mentioned in the two matriculation certificates continued in service. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. As per oral instructions received, he has been dismissed from service.

Patna High Court CR. MISC. No.54922 of 2021(2) dt.08-02-2022 2/3 He is in custody since 25.6.2021 and investigation in the case has concluded. He has no criminal antecedent. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that it was in pursuant to the order of this Court passed in C.W.J.C. No. 15459 of 2014 that the matter was taken up and ultimately the FIRs registered. As per instruction received, the trial in the learned trial court has commenced. Some witnesses have also been examined. Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the petitioner having remained in custody for more than 7 months, the petitioner is directed to be enlarged on bail in connection with Triveniganj P.S. Case no. 56 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Supaul / concerned trial court.

In view of the submissions made on behalf of the informant that the trial has commenced in the learned court below, it is directed that the petitioner shall remain physically present in court on each date of the trial and shall cooperate in

Patna High Court CR. MISC. No.54922 of 2021(2) dt.08-02-2022 3/3 the trial. In case the petitioner is absent on any date for reasons not to the satisfaction of the learned trial court or is not cooperating in the trial, the learned trial court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.

(Partha Sarthy, J) Spd/- U T