Devendra Pratap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66814 of 2021 Arising Out of PS. Case No.-428 Year-2021 Thana- BUXAR District- Buxar ====================================================== Devendra Pratap, S/O Lalan Prasad, R/o Mohalla- Mitralok Colony, P.S.- Buxar (T), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Gupta, Adv.

For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner through video conferencing in view of COVID-19.

Let the defect(s), if any, be removed within four weeks.

The petitioner is in judicial custody in connection with Buxar (T) P.S. Case No.428 of 2021 instituted under Sections 419, 420, 467, 468, 471, 406,120(b) of the Indian Penal Code.

The allegation against him is that one Vinay Kumar was selected in the Prakhand Niyojan Unit, Brahampur for the post of Primary Teacher and the candidates were directed to appear before the Buxar Uchh Vidhayala along with their credentials. The said candidate Vinay Kumar had submitted scanned copy of all the

Patna High Court CR. MISC. No.66814 of 2021(2) dt.13-05-2022 2/3 records; but upon query, he disclosed his name as Devendra Pratap. He further admitted that he has submitted forged documents in the name of Vinay Kumar, which was done with the help of co-accused Sunil Kumar for a sum of Rs.60,000/-. Accordingly FIR was instituted and he came into judicial net.

Considering the aforesaid fact that the petitioner is in jail since 15.09.2021 (as stated in para-11 of the bail application), has no criminal antecedent and charge sheet stands submitted, this Court is inclined to grant him privilege of bail.

Let the petitioner 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 Buxar (T) P.S. Case No.428 of 2021 to the satisfaction of learned Chief Judicial Magistrate, Buxar, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two

Patna High Court CR. MISC. No.66814 of 2021(2) dt.13-05-2022 3/3 consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T