Kishor Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67012 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== KISHOR KUMAR JHA S/o LATE DHRUB NARAYAN JHA VILLAGE MOHNA POLICE STATION JHANJHARPUR DISTRICT MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Madhepur P.S. Case no.180 of 2023 (G.R. no.1332 of 2023) registered under sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

3. As per prosecution case, the FIR arises out of an order passed in a public interest litigation being CWJC no. 15459 of 2014. Pursuant thereto an enquiry was conducted and it transpired that the certificate of the Basic Teachers Training Course, 2006 used by this petitioner for his appointment as a teacher in the year 2010, was found to be forged.

4. It is submitted by learned counsel for the petitioner that the allegations are false and incorrect. No forged certificate was used by the petitioner in making his application

Patna High Court CR. MISC. No.67012 of 2023(2) dt.19-10-2023 2/2 for the above appointment. It was in the year 2016 that the UGC declared the institution, from which the petitioner had obtained training and certificate, to be unrecognized institution as fake. In any view of the matter the petitioner is in custody since 21.7.2023 and undertakes to cooperate in the case. He has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the nature of allegation in the FIR, the petitioner having remained in custody since 21.7.2023 and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Madhepur P.S. Case no. 180 of 2023 (G.R. no.1332 of 2023) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jhanjharpur, Madhubani.

(Partha Sarthy, J) Bibhash U T