Uday Shankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88688 of 2024 Arising Out of PS. Case No.-329 Year-2015 Thana- ARA NAGAR District- Bhojpur ====================================================== Uday Shankar Yadav, male, aged about 43 years, son of Munshi Yadav, resident of village- Hajari Ke Tola, Police Station- Khawaspur, DistrictBhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Akela, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Ara Town PS Case No.329 of 2015 dated 27.07.2015, instituted under Sections 467, 468, 471, 409, 420, 120-B of the Indian Penal Code.
3. The allegation against the petitioner is that on the basis of forged B. Ed. Certificate, the petitioner got himself appointed as Panchayat Teacher.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Further submission is that petitioner was appointed as Panchayat Teacher in the year 2006. FIR has been lodged on 27.07.2015, but the petitioner has stopped from attending the school since 07.02.2009 i.e., much prior to the institution of the
Patna High Court CR. MISC. No.88688 of 2024(3) dt.17-01-2025 2/2 FIR. It is also submitted that similarly situated co-accused, Raj Kumar Prasad and Jitendra Nath Mishra have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 02.08.2019 passed in Cr. Misc. No. 33686 of 2019 and order dated 30.04.2019 passed in Cr. Misc. No. 13027 of 2019 respectively. Further, one of the co-accused, Rambha Kumari, has been granted bail by this Court vide order dated 31.08.2024 passed in Cr. Misc. No.55193 of 2024. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Ara, in Ara Town PS Case No.329 of 2015, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T