Bindeshwari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66320 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- CHAKAI District- Jamui ====================================================== Bindeshwari Yadav, Son of Darpan Yadav R/o vill - Tetariya, P.S. - Chakai, Distt. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chakai P.S. Case No. 141 of 2023, lodged on 27.04.2023 under Sections 420, 467, 468, 471 & 120 (B) of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against the petitioner in the light of order passed in CWJC No. 15459 of 2014 under which verification of the educational certificate of the persons appointed as teacher has been directed and on the recommendation of the vigilance, the present case has been registered. The allegation against the petitioner is that the petitioner has obtained employment on the basis of forged marksheet and has taken benefit of the Government money.

Patna High Court CR. MISC. No.66320 of 2023(2) dt.16-10-2023 2/3

4. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 26.05.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner, but submits that it transpires from the order that he has been removed from the service and his antecedent is clean.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Jamui in connection with Chakai P.S. Case No. 141 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

Patna High Court CR. MISC. No.66320 of 2023(2) dt.16-10-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T