Md. Mushtaque Ahmad @ Md. Mustaque Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2867 of 2022 Arising Out of PS. Case No.-225 Year-2021 Thana- AMAUR District- Purnia ====================================================== MD. MUSHTAQUE AHMAD @ MD. MUSTAQUE AHMAD S/O LATE MD. ISRAIL R/o village- Sani Tola, Telanga, P.O.- Hafania, P.S.- Amour, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohammad Akhter Hussain, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the Vigilance officer, report records that the name of the father on the certificate of the petitioner was found to be fake and date of birth was also found to be different, further the date of birth in certificate is 12.01.1977, but his date of birth as per Vigilance Officer is 12.10.1977.

Learned counsel for the petitioner next submits that

Patna High Court CR. MISC. No.2867 of 2022(2) dt.11-08-2022 2/3 petitioner was registered with Bihar School Examination Board, Patna in the year 1989 while registration no. 0421051 of 4807 while doing his class 10th in the High School, Hanfaniya, further submits that according to registration slip his date of birth is 12.01.1977 as regular student, on the basis of registration the petitioner filled up his matriculation form and participated in the matric examination held in the year 1990 in which the name of the petitioner's father was recorded as Md. Israil, it is next submitted that in the original certificate the name of the father of the petitioner was only printed as Abdur Rahman instead of Md. Israil, accordingly petitioner had moved to the Bihar School Examination Board, Patna for its rectification. Learned counsel for the petitioner submits that now the said discrepancy has been rectified by the Bihar School Examination Board, as would be evident from Annexure-3 series.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.2867 of 2022(2) dt.11-08-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned tria court where the case is pending/successor court in connection with Amour P.S. Case No. 225 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T