Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30095 of 2018 Arising Out of PS.Case No. -70 Year- 2018 Thana -BUDDHACOLONY District- PATNA ====================================================== Kundan Kumar, Son of Late Janardan Prasad, Resident of Mohalla- Bari Das Mandi, Police Station- Malsalami, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Budha Colony P.S. Case No. 70/2018 for the offences punishable under Sections 467, 468, 471, 420, 34 of the Indian Penal Code. The allegation against the petitioner is of securing job on the basis of a matric certificate said to have been issued by Gramin Mukta Vidyalaya, Educational Institution. It is further alleged that the said matric certificate of the petitioner was sent for verification and the Joint Secretary, Uttarakhand Government has sent a report wherein it has been mentioned that Gramin Mukta Vidyalaya Siksha Sansthan is not listed under the Uttarkhand Vidyalaya Shiksha Act, 2006 up to the Intermediate Level, hence the said institution is not a recognized institution. In nutshell, the allegation is regarding the petitioner having secured employment on the basis of forged certificate and marks sheet.

Patna High Court Cr.Misc. No.30095 of 2018 (3) dt.30-05-2018 2/2 The learned counsel for the petitioner submits that nonrecognition of the institution from where the petitioner has passed matric cannot be said to be attributable to the petitioner herein, hence the same cannot be said to be a forgery committed by the petitioner. It is further submitted that the petitioner is ready to join investigation and he is having a clean antecedent. The petitioner is stated to be in custody since 27.02.2018. The learned counsel for the State on the contrary opposed the prayer for bail of the petitioner. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to 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 Sub-Judge-cum-ACJM-XVIth, Patna in connection with Budha Colony P.S. Case No. 70 of 2018.

It is directed that the petitioner would mark his presence before the Officer In-Charge of the concerned Police Station at 10 A.M. on each and every Monday of the month and in the event of his failure on three consecutive occasions to mark his attendance, the present privilege of bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) S.Sb/- U T