Rajnish Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11735 of 2021 Arising Out of PS. Case No.-19 Year-2020 Thana- SANHAULA District- Bhagalpur ====================================================== Rajnish Kumar Kushwaha Son of Shiv Narayan Singh Resident of Village - Adalpur, P.S.- Amdanda (Sanhaulla), District - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Sanjay Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Sanhaula P.S. Case No. 19 of 2020 registered for the offence punishable under Sections 420, 465, 468 of the Indian Penal Code. Allegation against the petitioner is that he obtained the job of Switch Board Operator (Grade II) under Bihar State Electricity Board by providing false/forged certificate of I.T.I.. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that the

Patna High Court CR. MISC. No.11735 of 2021(2) dt.08-07-2021 2/2 petitioner was appointed in 2015 and worked for around 5 years and nothing was found against him. He also submits that the charge levelled is with intent to retrench petitioner and except Section 420/468 other offences are bailable. He further submits that his mark sheet was verified at the time of joining and no notice was served upon before dismissing. It war argued that on the basis of allegation attributed in the present F.I.R, petitioner has already been removed from his service on 30.10.2019. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 03.05.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid and the fact that the petitioner has already been removed from service, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Sanhaula P.S. Case No. 19 of 2020 corresponding to G.R. No. 534 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T