Raju Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10457 of 2023 Arising Out of PS. Case No.-38 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== RAJU GIRI Son of Late Awadh Kishor Giri Resident of Adalipur, P.S.-Bihta, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Economics Offence Unit through its S.P., Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner as well as learned counsel for the E.O.U.

In this case, the petitioner is seeking regular bail in connection with Economic Offence P.S. Case No. 38 of 2022, registered for the offences punishable under Sections 420, 467, 168, 471, 472, 120(B)/34 of the Indian Penal Code. As per allegation, the accused persons were running fake office for providing fabricated mark-sheet, and certificates. On raid, co-accused Fahim Ahmad, Aman Kumar, Bablu Kumar and Tarun Kumar were arrested. Fahim Ahmad admitted his guilt and also stated that the co-accused persons named in the FIR were involved in facilitating forged

Patna High Court CR. MISC. No.10457 of 2023(4) dt.26-07-2023 2/3 certificates to the students.

Learned counsel for the petitioner has submitted that petitioner is not named in the FIR and his case is on better footing than that of co-accused Tarun Kumar, Abhay Kumar and Bablu Kumar, who were arrested at the spot. They have been granted bail by the coordinate Benches of this Court in Cr. Misc. Nos. 7620 of 2023, 11185 of 2023 and 10035 of 2023 respectively. First time the name of the petitioner was emerged in paragraph no. 70 of the case diary and has been named therein that co-accused Fahim Ahmad stated before the investigating authorities that this petitioner was also assisting the other accused persons in preparing forged certificates. On the other hand, the learned counsel for the E.O.U.

has opposed the prayer for bail and submitted that in other paragraphs of the case diary it has come that the petitioner is the custodian of the mark-sheet. He has submitted further that he has returned the case diary, which is kept with the record. The persons, who were arrested at the spot, have been granted bail by the coordinate Benches of this Court in Cr. Misc. Nos. 7620 of 2023, 11185 of 2023 and 10035 of 2023.

Patna High Court CR. MISC. No.10457 of 2023(4) dt.26-07-2023 3/3 bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-XVIII, Patna in connection with Economic Offence P.S. Case No. 38 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Sudha/nirmalU T