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Patna High CourtCR. MISC./522/2024allowed

Md. Shahid Husain v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.522 of 2024 Arising Out of PS. Case No.-9 Year-2023 Thana- DANAPUR District- Patna ====================================================== Md. Shahid Husain Late Md. Sadaquat Hussain Village- Karimpur, Katka, P.O. Mauri, P.S. Khirimore Paliganj, Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rabia Gulnaz with Ms. Shabina Talat, Advocates For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 419, 420, 467, 468, 469, 471, 409, 120B of the Indian Penal Code.

3. The allegation against the petitioner is of getting employment as a teacher on the basis of forged documents.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner joined on the post of Assistant Teacher on 05.12.2006 and when he came to know that Hon'ble High Court directed to proper enquiry of the document of the Niyojit Teacher then he himself

Patna High Court CR. MISC. No.522 of 2024(2) dt.16-01-2024 2/3 left his service in the Month of August 2011 since then he is jobless and unable to maintain the family. Petitioner was appointed by local bodies in the year 2006, on the basis of his required document but later on the himself found not eligible for the said post thus he left his service. The petitioner applied for the said post and submitted his entire documents before authority and after fully verification of his documents the petitioner was appointed in the Middle School Sipahi Bhagat, Nagar Parishad, Danapur, Patna and after his appointment he was working there but subsequently the petitioner has been dragged in this case also with a view to harass and humiliate the petitioner with ulterior motive. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.522 of 2024(2) dt.16-01-2024 3/3 satisfaction of the learned 1st Additional Chief Judicial Magistrate, Danapur, Patna in connection with Danapur P.S. Case No. 09 of 2023.

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