Nagendra Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10295 of 2024 Arising Out of PS. Case No.-280 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Nagendra Kumar Ram S/o Godhan Ram R/o Vill - Bangara, P.S. - Mashrak, Dist. - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avnish Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-02-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Baikunthpur P.S. Case No. 280 of 2023 for the offence under Sections 420, 467, 468, 471 and 120(B) of the I.P.C. lodged on 04.08.2023, by the informant, Gaurav Kumar.
3. As per the prosecution story, the allegation is that the District Programme Officer, Gopalganj found that the certificates produced by the petitioner to secure job of Primary Teacher are a forged certificates of B.T.E.T. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he had appeared in the examination, may be there have occurred some mismatch in the certificates sent to him, he has already been debarred from the examination and is ready to cooperate in
Patna High Court CR. MISC. No.10295 of 2024(2) dt.22-02-2024 2/3 the investigation. Learned counsel for the petitioner further submits that similarly situated person Shailesh Kumar Gupta @ Sailesh Kumar Gupta has been granted anticipatory bail in Cr. Misc. No. 23947 of 2023 vide order dated 04.07.2023 by a coordinate Bench of this Court.
5. Learned APP opposes the prayer.
6. Taking into account the fact that similarly situated co-accused person has been granted anticipatory bail and he do not have any criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No. 280 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.10295 of 2024(2) dt.22-02-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Adnan/- U T