Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64167 of 2022 Arising Out of PS. Case No.-112 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Md. Chand Son of Late Md. Mukhtar R/O Vill. And P.O.- Birpur, P.S.- Birpur, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bachhwara P.S. Case No. 112 of 2022 registered for the offence under Sections 420, 467, 468, 471 and 120(B) of IPC. The accused/petitioner is named in the F.I.R. and is in custody since 20.08.2022.

The allegation against the petitioner is to obtain a job of teacher in government school on the basis of forged and fabricated educational certificate.

Learned counsel appearing on behalf of the petitioner submitted that the present case was lodged after 14 years of selection process, where petitioner offered the same documents

Patna High Court CR. MISC. No.64167 of 2022(2) dt.21-02-2023 2/2 at the time of appointment. It is also submitted that in absence of proper communication and knowledge, the petitioner failed to tender his resignation during let off period granted by the Hon. Court. While concluding the argument, it has been submitted that investigation of this case is completed, for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail submitted that petitioner already terminated from the service. Considering the facts and circumstances as mentioned above and by taking note of the nature of allegation, where petitioner is in custody since 20.08.2022, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bachhwara P.S. Case No. 112 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai, District- Begusarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T