Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71221 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== Mukesh Kumar, Son of Shri Keshav Prasad Singh, R/o Village-Sanath Bigha, P.S.- Dehri-On-Sone, Distt.- Rohtas at Sasaram (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Fesar P.S. Case No.45 of 2022 registered under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code.

The allegation against the petitioner is to obtain job of Panchayat Teacher on the basis of forged documents. It is submitted by learned counsel that there is no specific allegation against the petitioner and he himself appears victim of the circumstances. It is further submitted that the genuineness of the documents furnished at the time of joining was duly verified but, subsequently same was found forged/doubtful. It is submitted that no notice or opportunity

Patna High Court CR. MISC. No.71221 of 2022(2) dt.29-04-2023 2/2 was given to the petitioner as to represent his case on the issue as to how his document is forged. It is pointed out that merely on the basis of FIR, the petitioner was terminated from the service, who was otherwise a man of clean antecedent. Learned Additional Public Prosecutor for the State opposes the prayer for bail.

In view of the above-mentioned facts and circumstances, as petitioner has already terminated from the service, accordingly, in the event of his arrest or surrender in the court below within a period of four weeks, he is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Fesar P.S. Case No.45 of 2022, subject to the conditions as laid down under Section 438(2) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T