Disposed

Dharmendra Kumar v. The State of Bihar

Patna HC24 May 2023CR. MISC./23558/2023

Case brief

AI extract

What is this about?

Petitioner in custody since February 2023 on charges of forging matriculation certificate and marks-sheet to obtain a Panchayat Teacher job; counsel claimed mistaken identity and genuine documents. Court heard both sides and released him on regular bail with conditions on attendance, evidence tampering and antecedent verification.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.10,000 with two like sureties, subject to stated trial-cooperation and antecedent-verification conditions.

Dharmendra Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23558 of 2023

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Arising Out of PS. Case No.-37 Year-2022 Thana- BEN P.S. District- Nalanda

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======================================================

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DHARMENDRA KUMAR Son of Suresh Prasad @ Pratap Sao R/V- Silaw, PS- Silaw Dist- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar,Advocate For the Opposite Party/s : Mr.Tapeshwar Sharma,APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 24-05-2023

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Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner seeks bail, who is in custody since 23.02.2023 in connection with Ben P.S. Case No. 37 of 2022, F.I.R. dated 04.09.2022 registered for the offence punishable under Sections 467, 468, 471, 420, 120B of IPC.

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Allegation against the petitioner is to obtain job of Panchayat Teacher fraudulently by filing forged and fabricated certificate and marks-sheet of Matriculation.

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Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that as per FIR, the FIR was instituted against Dharmendra Kumar whose certificate has been found fake. Learned counsel for the

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Patna High Court CR. MISC. No.23558 of 2023(2) dt.24-05-2023 2/3

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petitioner submits that the petitioner is not the same person because the father’s name of the petitioner is different. In fact the petitioner has submitted genuine certificate at the time of joining on the post of teacher in the year 2022 and after the institution of the present FIR, the petitioner has been removed from the job and petitioner has never submitted any forged certificate as alleged in the FIR and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 23.02.2023.

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Learned counsel for the Vigilance and learned APP for the State have vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Nalanda in connection with Ben P.S. Case No. 37 of 2022,with the following conditions:-

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(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient

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Patna High Court CR. MISC. No.23558 of 2023(2) dt.24-05-2023 3/3

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reason, his/her bail bond shall be cancelled by the Court below.

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(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(3) 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.

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(Rajesh Kumar Verma, J)

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Nitesh/-

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U T

Dharmendra Kumar v. The State of Bihar

Case brief

What is this about?

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Dharmendra Kumar v. The State of Bihar

Case brief

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