Ashok Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58081 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Ashok Kumar Yadav, aged about 36 years, Male, Son of Sheo Balak Yadav, R/o vill - Karan Kudaria, P.S. - Masarakh, Distt. - Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dineshwar Mishra, Advocate For the Opposite Party :

Mr. Ajay Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Baikunthpur P.S. Case No. 17 of 2023 dated 06.01.2023 registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the I.P.C.

4. As per the prosecution case, the petitioner is alleged to have got appointment as a 'Niyojit Panchayat Teacher' on the basis of forged certificate under conspiracy

Patna High Court CR. MISC. No.58081 of 2023(3) dt.30-01-2024 2/3 with some unknown persons.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It is submitted that from perusal of Annexure-1, it appears that there does not appear any sort of complicity of the petitioner in the alleged offence and only on the basis of change in the name of the father of the petitioner the instant case has been lodged. It is further submitted by learned counsel for the petitioner that the service of the petitioner has already been terminated vide Letter dated 26.08.2023 issued by the Secretary, Gram Panchayat Raj, Bakhari, annexed as Annexure-1 to the supplementary affidavit filed on behalf of the petitioner. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail application.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on

Patna High Court CR. MISC. No.58081 of 2023(3) dt.30-01-2024 3/3 furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Gopalganj, in connection with Baikunthpur P.S. Case No. 17 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:- I. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T