Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44344 of 2023 Arising Out of PS. Case No.-723 Year-2022 Thana- CIVIL LINE District- Gaya ====================================================== ABHAY KUMAR S/O YUVRAJ SAO R/O Village- Manpur, Pehani, P.SBuniyadganj, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 420, 467, 468, 120B of the Indian Penal Code.

3. The allegation against the petitioner and others is of issuing forged S.L.C. and on that basis he got admission in the IXth, Class in T-Model School, Gaya.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.44344 of 2023(3) dt.23-08-2023 2/3 committed no offence. From the perusal of the FIR, it is clear the the authority during the enquiry, it has been found that name of the petitioner is mentioned in the admission register of T. Model Inter School and date of birth is mentioned 15.02.2006. Therefore, it is clear that the petitioner has not committed any forgery at the time of taking admission in T.Model Inter School, Gaya. He further submitted that, during the enquiry, it has been said that on the basis of transfer certificate issued by the Hasimchak School, Manpur, the admission of the petitioner has been taken by the school but in the Manpur, there is no Utkramit School, Hasimchak has been found. Petitioner has not committed any forgery in issuance of transfer certificate issued by the Hasimchak School. He is languishing in judicial custody since 24.01.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.44344 of 2023(3) dt.23-08-2023 3/3 satisfaction of the learned Court below in connection with Civil Line P.S. Case No. 723 of 2022.

(Sunil Kumar Panwar, J) arish/- U T