Keshav Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3741 of 2023 Arising Out of PS. Case No.-121 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== KESHAV MUKHIYA S/O LODAY MUKHIYA Resident of village- ZirogaPunarvas, P.S.- Andhramath, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Arvind Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Vigilance. Petitioner seeks bail, who is in custody since 27.07.2022, in connection with Andharamath P.S. Case No. 121/2022, G.R. No. 1258/2022, F.I.R. dated 26.07.2022, for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
According to prosecution case, the informant has alleged that he was entrusted with the verification of educational qualification produced by the teachers and he found that the petitioner got himself appointed on the basis of forged certificate of Intermediate.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.3741 of 2023(2) dt.25-04-2023 2/3 implicated in the present case. He further submits that the petitioner was appointed as Panchayat Siksha Mitra in the year 2003 and pursuant to the present F.I.R. which was lodged after direction of the Hon'ble High Court. After lodging the present F.I.R., the petitioner was terminated from the service with effect from 30.08.2022 and in fact, the petitioner has submitted his original certificate as furnished by the concerned Board/University at the time of his appointment and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 27.07.2022. Learned counsel for the vigilance on other hand has vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Vineet Kumar, J.M.1st Class, Jhanjharpur, Madhubani, in connection with Andharamath P.S. Case No. 121/2022, G.R. No.
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
Patna High Court CR. MISC. No.3741 of 2023(2) dt.25-04-2023 3/3 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 witnesses, 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 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) amit/- U T