Ramesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88838 of 2024 Arising Out of PS. Case No.-322 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== Ramesh Kumar S/o Mohan Prasad Yadav Resident of village- Khoda, P.S.- Chiraiya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar , Advocate For the Opposite Party/s :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State .
2. The petitioner apprehends his arrest in connection with Ramgarhwa P.S. Case No. 322 of 2022 for the offence registered under Sections 467, 468, 471, 419 and 420 of the Indian Penal Code lodged on 22.09.2022 .
3 . The prosecution case , in short, is that the informant alleged that after first and second term of counseling of preliminary teacher Niyojan of year 2019-20 the Teacher competitive Test Examination Certificates (CTET/BTET) of candidate namely shyam Badan Prasad Yadav and this petitioner Ramesh Kumar has been found to be fake and forged and District Magistrate, East Champaran has given an order to
Patna High Court CR. MISC. No.88838 of 2024(2) dt.02-04-2025 2/3 D.R.O. East Champaran vide his letter No. 700 dated 23.05.2022 to lodge FIR against the said forged certificate holder candidates, D.E.O., East Champaran has also passed an order in this regard vide letter No. 885 dated 06.04.2022 .
4. Learned counsel for the petitioner submitted that under the bona fide belief that petitioner has a genuine certificate represented the same before the office concerned, the same was found to be forged and accordingly his joining was not accepted and this FIR was lodged against him. Similarly situated co-accused person has already granted bail by this Court vide order dated 25.05.2023 in Cr. Misc. No. of 17473 of 2023 .
5 . Learned APP for the State opposes the prayer for bail stating that the documents represented by this petitioner was forged and fabricated.
6. Considering the fact that he was caught at the first instance and no financial loss happened to the government and the present case lodged , the prayer for pre - arrest bail petition of the petitioner is allowed.
7. Considering the aforesaid facts, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing
Patna High Court CR. MISC. No.88838 of 2024(2) dt.02-04-2025 3/3 bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Raxual, Motihari, East Champaran in connection with Ramgarhwa P.S. Case No. 322 of 2022 , subject to condition as laid down under Section 438(2) of the Cr.P.C .
(Prabhat Kumar Singh, J) Koushik/- U T