Patna High CourtCR. MISC./17531/2016bail granted

Raj Kumar Paswan v. The State Of Bihar

2016-05-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17531 of 2016 Arising Out of PS.Case No. -114 Year- 2015 Thana -DHORAIYA District- BANKA ======================================================

1. Raj Kumar Paswan Son of Moti Lal Paswan Resident of Village - Mathurapur, P.S. Dhoraiya, District - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Veena Kri.Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-420, 467, 468 of the Indian Penal Code. Petitioner got appointment on the post of Panchayat Teacher on the basis of forged handicapped certificate. Submission on behalf of petitioner is that the petitioner happens to be a handicapped person and as a matter of fact, the aforesaid certificate had been issued by In-charge, Medical Officer, Referral Hospital, Baunsi, Banka and when a show cause notice was received by the petitioner, the petitioner filed a petition under Right to Information Act before the competent authority but the aforesaid competent authority replied

Patna High Court Cr.Misc. No.17531 of 2016 (3) dt.03-05-2016 2/2 that the copy of the aforesaid certificate is not available in his office. Moreover, petitioner is in jail custody since 27-02-2016 and it appears that investigation against him has already been completed. It is settled principle of law that at pre-conviction stage, the innocence of accused is presumed.

Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dhoraiya P.S. Case No. 114 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Banka. (Hemant Kumar Srivastava, J) A.K.V./- U T