Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85279 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- GHOGHARDIHA District- Madhubani ====================================================== Pawan Kumar Son Of Badri Narayan Yadav Resident Of Village- Dudhaila, Post- Kukurdaura, P.S.- Andramath, District- Madhubani, Presently Posted As Niyojit Prakhand Teacher At Utkarmit Madhya Vidhyalya, Bhabhtiyahi, Block- Ghoghardiha, District-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti For the Opposite Party/s :
Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 467, 469, 468, 471, 120B of the Indian Penal Code.
3. Allegation against the petitioner is that he got appointment as a Prakhand Teacher on the basis of forged/fabricated documents.
4. 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 from para-9 of this petition that in the year 2011, for the same occurrence, issued a Ghoghardiha P.S. Case No. 08 of 2011 has
Patna High Court CR. MISC. No.85279 of 2023(2) dt.10-01-2024 2/3 been lodged against this petitioner and he had terminated from the post of Prakhand Teacher, stating that the experience certificate of the petitioner is forged and fabricated and in support of this Annexure-2 of has been annexed in this petition. From para-11 of this petition, it is submitted that petitioner and other aggrieved persons approached before the Member Shikshak Niyojan Appellate Authority, Madhubani, vide Case No. 187/06/12 vide order dated 19.12.2012, the learned Tribunal set aside the termination letter and directed the authority to reinstate the petitioner along with other candidate within a period of 30 days from their original post. He has not committed any forgery. Moreover, he is languishing in judicial custody since 31.10.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6.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 Ghoghardiha P.S. Case No. 164 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.85279 of 2023(2) dt.10-01-2024 3/3 satisfaction of learned Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani.
(Sunil Kumar Panwar, J) Shubham/- U T