Shambhu Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4368 of 2023 Arising Out of PS. Case No.-132 Year-2017 Thana- SUPAUL District- Supaul ====================================================== SHAMBHU RAJAK Son of Late Sahdeo Rajak Resident of Village - Khajuri, P.S.- Saur Bazar, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Goutam For the Opposite Party/s :

Mr. Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2023 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 419, 420, 467, 468, 120(B) and 34 of the Indian Penal Code. As per the prosecution case, one Meera Kumari has been appointed as Shiksha Mitra even if, she was underage on the relevant date of appointment.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He submits that, after perusal of the prosecution story, it appears that the merit list was prepared on 14.05.2005 and the date of birth of applicant teacher is 25.12.1987 as per this calculation the age of applicant as per merit list is 17 years 4 months 22 days. He

Patna High Court CR. MISC. No.4368 of 2023(2) dt.10-02-2023 2/2 submits that the petitioner is not the sole authority for selection rather a Three Men Selection Unit was prepared to inspect and select the applicants. He submits that other co accused persons have already been granted anticipatory bail by the learned court below itself. Petitioner has two criminal antecedents as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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/successor Court in connection with Supaul P.S. Case No. 132 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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