Virendra Kumar @ Virendra Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2816 of 2023 Arising Out of PS. Case No.-204 Year-2012 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== VIRENDRA KUMAR @ VIRENDRA KUMAR PATEL S/o Sri Radha Sah R/v- Maida Babhangama, P.S.- Birpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code and Section 10 of Bihar Control of Examination Act pending in the learned court below.

As per the prosecution case, on 22.04.2012, in the examination for recruitment of Constable the informant was in general duty for CRPF and Assam Rifles, etc., which was held by SSC. In the first sitting, in room no.4, Ticket no.3403064, Roll No.32550443, one Abhinav Kumar was found to be appearing for Virendra Kumar after forging of signature. On

Patna High Court CR. MISC. No.2816 of 2023(2) dt.28-03-2023 2/3 enquiry he disclosed his name as Abhinav Kumar. Thereafter, Abhinav Kumar has been expelled from examination. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the FIR was lodged against the petitioner in the year 2012 and Police the searching the petitioner from 22.03.2022 therefore, the present anticipatory bail application is filed by the petitioner. He submits that the police ave not collected any material to show that petitioner has any direct hand in the alleged in question. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Per contra, learned APP for the State vehemently opposing the bail application and submitted that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Town P.S. Case No. 204/2012. Accordingly, his prayer for anticipatory bail is hereby rejected.

However, if the petitioner surrenders before the learned Court below within a period of six weeks from today

Patna High Court CR. MISC. No.2816 of 2023(2) dt.28-03-2023 3/3 and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.

(Anjani Kumar Sharan, J) ajay/- U T