Krishna Kumar Mahra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84623 of 2023 Arising Out of PS. Case No.-172 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== Krishna Kumar Mahra, S/o Muneshwar Mahra R/o village-Sanpatha, P.SAndhramath, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivnandan Bharti, Adv.
For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Andhramath P.S. Case No. 172 of 2023, lodged on 18.10.2023 under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against the petitioner alleging that he has taken service as Panchayat Teacher on the basis of forged T.E.T mark-sheet.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the antecedent of the petitioner is clean and he is in custody since 19.10.2023.
5. Learned counsel for the petitioner further submits
Patna High Court CR. MISC. No.84623 of 2023(2) dt.10-01-2024 2/3 that charge-sheet has already been submitted in this case. He also submits that the offences under which FIR has been lodged are magisterial triable.
6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that serious offence has been committed by the petitioner by which there are long repercussions on the society.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jhanjharpur, Madhubani in connection with Andhramath P.S. Case No. 172 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
Patna High Court CR. MISC. No.84623 of 2023(2) dt.10-01-2024 3/3 bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T