Upendra Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42694 of 2022 Arising Out of PS. Case No.-39 Year-2022 Thana- PANAPUR District- Saran ====================================================== UPENDRA KUMAR RAM Son of Visambhar Ram Resident of Village - Banjariya, P.s.- Mahmadpur, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Binod Singh For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Panapur P.S. Case No. 39 of 2022 registered for the offences punishable under Sections 467, 468 and 420 of the Indian Penal Code.

As per prosecution case, the informant got information from the District Programme Officer by which it has been reported that certificate of intermediate filed by petitioner Upendra Kumar is found to be forged and fabricated document.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.42694 of 2022(2) dt.16-11-2022 2/3 petitioner is in custody since 15.04.2022. Petitioner bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel for the petitioner submits that from the perusal of FIR it is clearly manifest that petitioner has not joined on the post of primary teacher on the basis of submission of aforesaid certificate of intermediate. He further submits that petitioner is absolutely innocent and has not committed any offence as alleged by the informant. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, as submitted, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Ist, Saran at Chapra in connection with Panapur P.S. Case No.

Patna High Court CR. MISC. No.42694 of 2022(2) dt.16-11-2022 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T