Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53693 of 2022 Arising Out of PS. Case No.-237 Year-2022 Thana- BIKRAM District- Patna ====================================================== Rakesh Kumar Son of Late Deo Kumar Singh Resident of Village - Sarwa Bhadsara, P.S.- Bikram, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Amresh Kumar Sinha, Advocate For the State :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-03-2023 Heard Mr. N.K. Agrawal, learned Senior counsel for the petitioner and learned APP for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

Allegation against the petitioner is that he got appointment as Constable in Patna District Police Force on the basis of forged educational documents.

Learned Senior counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case only on the basis of suspicion. He further submits that the petitioner was appointed as Constable in Patna District Police Force in the year 1999 on the basis of the

Patna High Court CR. MISC. No.53693 of 2022(7) dt.17-03-2023 2/3 Matriculation certificate issued by the competent Board in the year 1992 and the petitioner was appointed after due verification of his certificate by the competent authority. Further submits that the allegation as alleged in the F.I.R. is false and fabricated and no such so-called document has come during investigation against the petitioner which shows that the petitioner has impersonated. Further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 25.05.2022.

Learned APP for the State, on the other hand, has opposed the prayer for bail of the petitioner on the ground that the petitioner carries seven more cases other than the present one but he fairly submits that the charges have been framed against the petitioner on 09.02.2023 on the basis of the record of the case.

Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with Bikram P.S. Case No. 237 of 2022, with the following conditions :-

Patna High Court CR. MISC. No.53693 of 2022(7) dt.17-03-2023 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T