Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57732 of 2022 Arising Out of PS. Case No.-545 Year-2021 Thana- SIRDALA District- Nawada ====================================================== Nilesh Kumar S/O Mahendra Prasad Singh Resident of village- Amokhri, P.S.- Sirdalla, District- Nawadah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-02-2023 Heard learned 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, 471, 120(B) of the Indian Penal Code.

Allegation against the petitioner is that he has secured his appointment as a Prakhand Teacher on the basis of forged and fabricated document.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that as per allegation as alleged in the F.I.R. that the petitioner has appointed on the basis of forged and fabricated certificate on the post of Prakhant Teacher.

Patna High Court CR. MISC. No.57732 of 2022(2) dt.09-02-2023 2/3 Learned counsel for the petitioner further submits that in fact the petitioner has submitted his original certificate which was obtained from the Competent Board/University. He further submits that pursuant to the present F.I.R. the petitioner has been dismissed from service and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 20.08.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner.

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 Sirdalla P.S. Case No. 545 of 2021, with 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 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

Patna High Court CR. MISC. No.57732 of 2022(2) dt.09-02-2023 3/3 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