Patna High Court - Orders
Prince Kumar vs The State Of Bihar on 4 August, 2023
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43245 of 2023
Arising Out of PS. Case No.-325 Year-2022 Thana- CHHAURADANO District- East
Champaran
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Prince Kumar Son of Himanchal Prasad, Resident of village - Kataha, P.S. -
Muffasil, Distt. - East Champaran
... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Sunil Kumar No.Iii,Advocate
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
2 04-08-2023Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking pre- arrest bail in connection with Chhauradano P.S. Case No. 325 of 2022 registered for the offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code. He has got no criminal antecedent.
3. As per the prosecution story, on the basis of letter no. 946 dated 23.09.2022 given by the Secretary, Panchayat Sikshak Niyojan Ekai, Gram Panchayat Raj, the CTET/BTET certificate of the candidate Prince Kumar (this petitioner) was found false in verification of the Prkhand Shikshak Niyojan Ekai and in this regard, a letter bearing no. 885 dated 06.04.2022 was received through District Education Officer, Patna High Court CR. MISC. No.43245 of 2023(2) dt.04-08-2023 2/3 East Champaran, Motihari.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has no criminal antecedent. It is further submitted that the petitioner has not drawn any monetary benefits and he did not get appointment also.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the submission that the petitioner did not get appointment and at the outset, his certificate was allegedly found forged in course of verification and he has not drawn any monetary benefits as submitted to this Court and the fact that the petitioner has no criminal antecedent, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Chhauradano P.S. Case No. 325 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Raxaul at Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.43245 of 2023(2) dt.04-08-2023 3/3
7. 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 delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) lekhi/-
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