Upendra Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84528 of 2025 Arising out of PS. Case No.-127 Year-2016 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Upendra Narayan Yadav S/o- Late Thakko Yadav Village- Khutwara, Police Station- Sadar, District-Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan, Advocate For the Opposite Party/s:
Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in a case instituted for the offences under Sections 420 and 204/34 of the Indian Penal Code. He has no criminal antecedent.
3. As per the prosecution case, the informant has alleged that during a departmental audit with regard to appointment of teachers an inquiry was made by the Vigilance Bureau and subsequently it was found that the documents relating to the teacher's appointment for the year 2003-2014 was not made available. It is further alleged that such documents were not submitted with intention to do fraud and the case was registered in the year 2016 against the panchayat secretaries namely co-ac-
2/4 cused Kaushal Kishor Singh and Ravindra Kumar Singh.
4. Learned counsel for the petitioner submits that the petitioner was not named in the FIR and merely because he was the Panchayat Secretary during the period 2003 to 2011 he has been named as co-accused on the assertion of one of the co-accused who has stated that the petitioner has not submitted the documents of appointment made during the period 2003 to 2014. It is further submitted that the co-accused Kaushal Kishore Singh has remained in the Office till the year 2016 and the documents relating to appointment of teachers bear his signature and the petitioner has already demitted the Office in the year 2011. It is also submitted by the petitioner that no incriminating article was recovered from the possession of the petitioner. It is lastly submitted that the petitioner has no criminal antecedent and he is in custody since 05.10.2025.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of learned counsel and taking into account the fact that the petitioner is in custody since 05.10.2025, 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
3/4 amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Biraul, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 127 of 2016, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be de-
4/4 layed for purpose of the same or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) Vikash/- U T