Patna High CourtCR. MISC./52524/2022allowed

Surendra Prasad Prajapati @ Surendra Pratap Prajapati v. The State Of Bihar

2023-01-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52524 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- ITARHI District- Buxar ====================================================== Surendra Prasad Prajapati @ Surendra Pratap Prajapati Son Of Bhagwan Prasad R/V- Chilhar, P.S - Itarhi, Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 467, 468, 471, 120B of the Indian Penal Code.

Allegation against the petitioner is that he was appointed as a post of Panchayat Teacher on the basis of forged intermediate certificate.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted vide para 10 of the petition that the petitioner had already been dismissed from his service

Patna High Court CR. MISC. No.52524 of 2022(3) dt.17-01-2023 2/2 and even after his dismissal from service for the alleged offence, he is being prosecuted in this case. The petitioner is languishing in judicial custody since 25.6.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Itarhi P.S. Case No. 07 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar.

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