Rahul Kumar @ Rahul Kumar Priyadarshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72194 of 2022 Arising Out of PS. Case No.-136 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== RAHUL KUMAR @ RAHUL KUMAR PRIYADARSHI S/O KRISHNA KUMAR Resident of village and P.O.- Ekawari, P.S.- Sahar, DistrictBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Deo Singh, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sahar PS case no. 136 of 2022 instituted for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code. The case of the prosecution in brief is that several candidates seeking appointment as Primary Teacher under the Niyojan Scheme, 2019-21, had submitted fake and forged certificates, whereupon inquiry was held and as far as the petitioner is concerned, it was found that the date of birth mentioned in the certificate, submitted by the petitioner is 07.08.1996, however, his actual date of birth is 05.04.1999, which makes it apparent that the certificate submitted by the petitioner, is forged. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.72194 of 2022(2) dt.10-01-2023 2/2 the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 01.10.2022. The learned counsel for the petitioner has further submitted that the certificate is not forged and a mistake might have been committed in mentioning the date of birth therein. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner, I deem it fit and appropriate to enlarge the petitioner on bail. Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge-XIII, Bhojpur at Ara in connection with Sahar PS case no. 136 of 2022. (Mohit Kumar Shah, J) rinkee/- U T