Ram Pukar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74853 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- DHAKA District- East Champaran ====================================================== Ram Pukar Ram S/O Bhochai Ram R/O Village- Jhitkahi Bata Tola, P.S.- Panchrukhi, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suresh Kumar Ishwar, Advocate For the State :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2025 Heard Mr. Suresh Kumar Ishwar, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Dhaka P.S. Case No. 113 of 2025, F.I.R. dated 08.03.2025 registered for the offences punishable under Sections 319(2), 318(4), 338, 336(3) of Bharatiya Niyaya Sanhita, 2023.
3. Allegation against the petitioner is that he has submitted his Madhyama certificate for the appointment of Vikash Mitra and the same was found to be forged and fabricated.
4. Learned counsel for the petitioner submits that the
2/4 petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. As per allegation in the F.I.R., the petitioner has submitted his Madhyama certificate for appointment of Vikash Mitra and the same was found to be forged and fabricated. Learned counsel for the petitioner submits that after his joining as Vikash Mitra, the certificate of the petitioner was sent to the Bihar Sanskrit Shiksha Board, Patna and the Board vide its letter dated 15.01.2013 has informed the authority that the petitioner had appeared in 2007 examination and petitioner had obtained 399 marks which suggests that the Board has certified that the certificate in question was genuine but without appreciating the same, the present F.I.R. was instituted against the petitioner.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent as well as the Board had already issued the certificate which suggests that the certificate in question was genuine as per letter of the Board, let the petitioner, above named, in the event of his
3/4 arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Dhaka P.S. Case No. 113 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T