Patna High CourtCR. MISC./8294/2024bail granted

Ashish Kumar Sinha v. The State Of Bihar

2024-03-05Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8294 of 2024 Arising Out of PS. Case No.-122 Year-2023 Thana- AIRPORT District- Patna ====================================================== Ashish Kumar Sinha Son of Sri Kishori Mohan Prasad R/o vill - Simra, Post and P.s. - Dumra, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Hawai Adda P.S. Case No. 122 of 2023 dated 21.06.2023 registered for the offence/s punishable u/ss 420, 467, 468, 471 and 120B of the Indian Penal Code.

3. As per the prosecution case, the proprietor (petitioner) of M/S Chamunda Construction is alleged to have attempted to obtain the contract of the E-tender no. 20/222023, invited by Bihar Police Bhawan Nirman Nigam, on the basis of forged performance certificate.

Patna High Court CR. MISC. No.8294 of 2024(2) dt.05-03-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that when the petitioner realized that the Certificate which was issued by the Rajgir Division is not related to him, the petitioner immediately wrote letter dated 27.04.2023 to the informant requesting not to open his bid as he is not intending to participate in the Tender process. The petitioner has only committed error as he without looking the documents, directly forwarded the same to his computer operator, who uploaded the same innocently. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna in connection with Hawai Adda P.S. Case No. 122 of 2023, subject to conditions as laid down under

Patna High Court CR. MISC. No.8294 of 2024(2) dt.05-03-2024 3/3 section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T