Binod Kumar @ Magal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58898 of 2022 Arising Out of PS. Case No.-271 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== Binod Kumar @ Magal Yadav Son of Avilakh Mahto @ Lakhdeo Mahto Resident of Village - Indragachhi, P.s.- Sangrampur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 420, 467 and 468 of the Indian Penal Code.

According to prosecution case, the T.E.T. certificate of the co-accused, namely, Nikki Kumari and the petitioner has been found forged.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that in fact, the petitioner has submitted his educational certificate as he received from competent board/ Bihar School Examination

Patna High Court CR. MISC. No.58898 of 2022(2) dt.07-02-2023 2/3 Board. He further submits that pursuant to the present F.I.R., the petitioner has been dismissed from the service. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 27.05.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sangrampur P.S. Case No. 271 of 2019, subject to the following conditions:-

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 witnesses, in that case, the prosecution will be at liberty to move for cancellation

Patna High Court CR. MISC. No.58898 of 2022(2) dt.07-02-2023 3/3 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 antecedent, 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) Vanisha/- U T