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Patna High Court

Harekrishna Yadav @ Harikrishna YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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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