Yadunandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7563 of 2023 Arising Out of PS. Case No.-469 Year-2020 Thana- SUPAUL District- Supaul ====================================================== YADUNANDAN KUMAR Son of Subendra Yadav R/V- Mahesua, P.OBabhangama, P.s- Triveniganj, dist- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kuldeep Kumar For the Opposite Party/s :
Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 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 & 420/34 of the Indian Penal Code.
The allegation against the petitioner is that he in association of other co-accused is said to have committed forgery in physical examination for appointment of Home Guard Constable.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is inordinate and abnormal delay of
Patna High Court CR. MISC. No.7563 of 2023(2) dt.08-05-2023 2/2 nine months in lodging the F.I.R. without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. Similarly situated co-accused, namely, Bipin Kumar and others have been enlarged on bail by this court vide order dated 28.04.2022 passed in Cr. Misc. No. 49643 of 2021. Petitioner has one criminal antecedent 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. 469 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T