Deepak Kumar @ Chotelal Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62806 of 2023 Arising Out of PS. Case No.-266 Year-2019 Thana- ATRI District- Gaya ====================================================== DEEPAK KUMAR @ CHOTELAL GUPTA Son of Arjun Prasad R/o Butti, P.S. - Nardiganj, Distt. - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saroj Kumar Choudhary For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 419, 420, 467, 468 of the Indian Penal Code.
3. As per prosecution case, the petitioner is alleged to have been appointed on the post of Panchayat teacher in primary school, Tapovan of Gram Panchayat Arai, on the basis of the fake educational certificate.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide para 6 & 7 of the petition that the petitioner was employeed as a Panchayat teacher on genuine certificate but the same was
Patna High Court CR. MISC. No.62806 of 2023(5) dt.29-01-2024 2/2 manipulated by the department itself in collusion of his enemies and his employment was cancelled in 2018. No any salary has been received by the petitioner during that period and now, he is not working at the post of panchyat teacher. It is further submitted that the petitioner is languishing in judicial custody since 28.5.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Atri P.S. Case No. 266 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, XIII, Gaya. (Sunil Kumar Panwar, J) lata/- U T