Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66689 of 2022 Arising Out of PS. Case No.-74 Year-2022 Thana- SILAO District- Nalanda ====================================================== Abhishek Kumar Son of Munni Chaudhary R/O Village- Miyan Bigha, P.S.- Shakhopur Sarai, District- Sheikhpura But Wrongly Stated In The F.I.R. As Jiyanbigha. Present Posting of The Petitioners Madhya Vidyalaya Bindidih In Silao Block ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prasad Singh, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-02-2023 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 Silao P.S. Case No. 74 of 2022 registered for the offence under Sections 420, 467, 468, 471 and 120B of the I.P.C.

The accused/petitioner is named in the F.I.R. and is in custody since 19.08.2022.

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

Learned counsel appearing on behalf of the petitioner submitted that petitioner was falsely implicated in present case, as he obtained the service on the basis of same documents after

Patna High Court CR. MISC. No.66689 of 2022(2) dt.23-02-2023 2/2 preliminary verification, which is now being alleged as false and fabricated. It is further submitted that due to want of proper communication, petitioner failed to resign within the specified period, as allowed by the Hon. High Court. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of the nature of allegation, where petitioner is in custody since 19.08.2022, 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 Silao P.S. Case No. 74 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 J.M. 1st Class, Nalanda at Bihar Sharif/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T