Patna High Court
Harekrishna Yadav @ Harikrishna YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Harekrishna Yadav, sought regular bail in a case registered under Sections 419, 420, 467, 468, 471 and 34 of the Indian Penal Code, alleging that he forged documents to obtain a teaching job and a PDS dealer licence. The prosecution contended that he deliberately altered his father's name and address to secure the positions, and that he had used forged signatures for account opening. The petitioner argued that he had already lost the job and the licence, that the evidence was based merely on suspicion, and that he was being victimised by the authorities. The State opposed bail, emphasizing the alleged deceit and the seriousness of the offences. After hearing both sides, the court found that the allegations did not outweigh the presumption of innocence and that the petitioner’s custody was not justified, and therefore ordered his release on regular bail upon furnishing a bond with sureties.
Issues considered
- Whether regular bail should be granted to an accused of offences under IPC Sections 419, 420, 467, 468, 471 and 34.
- Whether the alleged forgery and change of paternal details constitute a ground to deny bail.
- Whether loss of employment and cancellation of licence affect the bail decision.
- Whether the evidence, being based on suspicion, is sufficient to justify continued detention.
Legislation cited
- Indian Penal Code — s. 34, 419, 420, 467, 468, 471
Subjects
- bail
- forgery
- cheating
- IPC
- criminal procedure
- presumption of innocence
- suspicion
- PDS dealer
- teacher employment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84814 of 2025
Arising Out of PS. Case No.-83 Year-2017 Thana- BRAHMPUR District- Buxar
======================================================
Harekrishna Yadav @ Harikrishna Yadav S/O Mandir Yadav R/o village-
Tavkal Ray ke Dera, Police station- Simri, Dist.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Shekhar Pandey, Advocate
Mr. Tara Kant Rishi, Advocate
For the Opposite Party/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 419, 420,
467, 468, & 471/34 of the Indian Penal Code.
3. The case of the prosecution, in short, is that the
petitioner has obtained a job of teacher and a license of PDS
dealer on the basis of forged documents. It is alleged that this
petitioner has changed the father’s name and the address
whereas the petitioner is the same person.
4. Learned counsel for the petitioner submits that the
petitioner has been terminated from the service and the license
of the PDS dealership is also cancelled. It has further been
Patna High Court CR. MISC. No.84814 of 2025(4) dt.19-02-2026
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submitted that from perusal of the Paragraph ‘49’ of the case
diary it will transpire that one witness Surendra Yadav has stated
that the petitioner has got somebody else to sign on Master data
for account opening. Learned counsel for the petitioner has
further submitted that if somebody else has signed on account
opening form, how will he be able to withdraw the amount from
that account. It has further been submitted that the petitioner had
been victimized of the surmises and conjectures of the authority.
The parentage and the address of both the persons who are said
to be one is different. Learned counsel for the petitioner has
submitted that the petitioner is languishing in judicial custody
since 11.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has stated
that he has filed a counter and from perusal of the counter it will
transpire that the petitioner has very cunningly changed the
father’s name and has obtained dealership and job of teacher.
6. In any view of the matter, the petitioner has lost his
job and the license of the PDS dealer is also cancelled and
Paragraph ‘49’ of the case diary goes to show that the findings
of the I.O. are only on the basis of suspicion.
7. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.84814 of 2025(4) dt.19-02-2026
3/3
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Brahampur P.S. Case No. 83 of 2017 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Buxar.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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