Bhupendra Kumar @ Bhupendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71942 of 2023 Arising Out of PS. Case No.-235 Year-2022 Thana- SACHIVALAYA District- Patna ====================================================== BHUPENDRA KUMAR @ BHUPENDRA PRASAD SON OF LATE SHIV SHANKAR PRASAD RESIDENT OF VILLAGE- JHAUGANJ, PSKHAJEKALAN, DISTT- PATNA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bihar Technichal Service Commission, Patna (BTSC) Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Tapeshwar Sharma, APP For BTSC Mr. Nikesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-11-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Sachivalaya P.S. Case No. 235 of 2022 registered for the offences punishable under Sections-420, 467, 468, 471/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he became successful in securing the job of physiotherapist by producing forged and fabricated educational certificates.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in the present case. He is a person of clean aantecedent. It has further been submitted that the petitioner's candidature has already been

Patna High Court CR. MISC. No.71942 of 2023(2) dt.08-11-2023 2/2 cancelled.

5. On the otherhand, learned counsel appearing for Bihar Technical Service Commission, Patna has opposed the prayer for bail and submitted that act of the petitioner shows his mens rea and after producing fake certificates, he was attempting to get the job of physiotherapist.

6. Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Miss Dipti Singh Chauhan, learned Judicial Magistrate-Ist Class, Patna in connection with Sachivalaya P.S. Case No. 235 of 2022 , subject to condition as laid down under section 438(2) Cr. P.C.

7. It is made clear that the petitioner will make himself present in the court below on each and every date till framing of charge. If, the petitioner fails to appear on two consecutive dates, the learned court below shall be at liberty to pass an appropriate order. (Nawneet Kumar Pandey, J) A.K.V.//- U T