Bhola Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39819 of 2020 Arising Out of PS. Case No.-128 Year-2020 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== BHOLA NATH SINGH Son of Rajballam Singh Resident of Village - Barki Kothiya, P.S.- Buxar (Industrial), Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Buxar (Industrial) P.S. Case no. 128 of 2020 instituted for the offence under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

The prosecution story in nutshell is that the petitioner has produced a forged and fabricated educational certificates for recruitment of Panchayat Shikshak in Primary School. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.39819 of 2020(3) dt.16-12-2021 2/3 has submitted that petitioner is innocent and has committed no offence. Petitioner has never produced any forged certificate before the Appointment Unit. Petitioner has passed matriculation from High School Chilhari having Roll Code 07327 and Roll No. 0263 with third division in the year 1987 conducted by Bihar School Examination Board, Patna. In fact, the certificate of the petitioner has not been verified and it seems to be mistake of the Authorities and ultimately, petitioner has been removed from his service without giving any opportunity of hearing him.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Buxar (Industrial) P.S. Case no. 128 of 2020, he will be enlarged 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 Chief Judicial Magistrate, Buxar subject to the conditions as laid down under

Patna High Court CR. MISC. No.39819 of 2020(3) dt.16-12-2021 3/3 section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U