The Patna High Court granted regular bail to the petitioner, Ashok Kumar, in a false implication case involving forgery under Sections 467, 468, 420, and 471 of the IPC, noting that a co-accused had already obtained anticipatory bail.
Petitioner granted bail to be released on furnishing a bond of Rs. 20,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40389 of 2021
Arising Out of PS. Case No.-15 Year-2021 Thana- PANDARAK District- Patna
======================================================
ASHOK KUMAR Son of Sri Suresh Kumar Rajak Resident of Village - Bajitpur, P.S.- Barh, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Suraj Kumar, Adv. For the Opposite Party/s : Mr. Arun Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
3 03-02-2022 Heard Mr. Suraj Kumar, learned counsel for the
petitioner and Mr. Arun Kumar Singh, Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks regular bail in connection with Pandarak PS Case No. 15/2021 registered for the offence punishable under Sections 467, 468, 420, 471 of the IPC.
As per First Information Report, one Kiran Devi obtained PDS license on the basis of forged educational certificate not issued by a recognized institution. The name of petitioner has come during course of investigation on the basis of disclosure of his name by the husband and brother of the accused, Kiran Devi.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of
Patna High Court CR. MISC. No.40389 of 2021(3) dt.03-02-2022 2/3
statement made by husband and brother of the beneficiary of PDS license who obtained the same on the basis of forged educational certificate and the petitioner is said to be an employee of the institution which issued the said certificate in favour of Kiran Devi. Learned counsel further submits that the petitioner is not a signatory of the certificate and for a brief period of time the petitioner had worked in the said institution and he was not aware about any certificate issued by the institution in favour of co-accused, Kiran Devi.
Learned counsel next submits that the co-accused, Kiran Devi has been granted anticipatory bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 43164/2021, petitioner is in custody since 20.03.2021 and the charge-sheet has been submitted in the matter.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the nature of allegation and co-accused, Kiran Devi has been granted anticipatory bail by Co-ordinate Bench of this Court, petitioner is in custody since 20.03.2021 and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, ASHOK KUMAR be
Patna High Court CR. MISC. No.40389 of 2021(3) dt.03-02-2022 3/3
released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Barh, Patna in connection with Pandarak PS Case No. 15/2021.
(Anil Kumar Sinha, J)
perwez
U T
2 issues framed by the court
Whether the petitioner should be granted regular bail given that a co-accused has received anticipatory bail and the charge-sheet has been filed.
Whether the petitioner was falsely implicated in the case regarding the forgery of educational certificates.
Colour shows how this judgement treated each authority
Cr. Misc. No. 43164/2021Referred¶19
1 provisions across 1 enactments
Ashok Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
