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Patna High CourtCR. MISC./762/2023allowed

Brahamdeo Kumar Chakrawarty v. The State Of Bihar

2023-03-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.762 of 2023 Arising Out of PS. Case No.-212 Year-2021 Thana- TARAPUR District- Munger ====================================================== BRAHAMDEO KUMAR CHAKRAWARTY Son of Late Parikshan Yadav Resident of village - Amaiya, P.S.- Asarganj, District - Munger, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar Jha For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 467, 471, 120B of the Indian Penal Code and cognizance has been taken u/s 420, 467, 471 of IPC.

As per prosecution case, allegation against the petitioner is that he was appointed as post of Panchayat Teacher Primary school, Raghopur on the basis of forged document. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide para 9, 10 & 11 of the petition that the petitioner has neither been informed about the said enquiry in respect of verification

Patna High Court CR. MISC. No.762 of 2023(2) dt.27-03-2023 2/2 of documents nor he was ever noticed to present his defence before the enquiry authority. The petitioner has not fabricated, manufactured or created any document including BETET mark sheet for obtaining job of Panchayat teacher. It is further submitted that petitioner is ready to resign from his service. The petitioner has got no criminal antecedent and languishing in judicial custody since 31.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tarapur P.S. Case No. 212 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger.

(Sunil Kumar Panwar, J) Amandeep/- U T