Dr. Swargesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9510 of 2022 Arising Out of PS. Case No.-117 Year-2021 Thana- BHAGALPUR RAIL P.S. DistrictBhagalpur ====================================================== Dr. Swargesh Kumar Son Of Late Shailesh Kumar Yadav Resident Of Village - Lichi Bagan Bhagalpur, P.S.- Ishakchak, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-09-2022 Learned counsel for the petitioner has filed the supplementary affidavit today in the Court.

Let it be kept on record.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code.

As per allegation, the petitioner made a call to Gaurav Kumar and told him to visit his house and collect the pass from

Patna High Court CR. MISC. No.9510 of 2022(3) dt.05-09-2022 2/3 there.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is working on the post of Librarian since 12.07.2012 in +2 High School Domokumarpur, Block Phulli Dumar, District-Banka. He submits that the alleged pass does not contain the signature of the petitioner and it contains only the photograph of the petitioner that can easily be obtained from any social media account. He submits that there is no specific allegation against the petitioner. He further submits that petitioner has three criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Bhagalpur Rail P.S. Case No. 117 of 2021,

Patna High Court CR. MISC. No.9510 of 2022(3) dt.05-09-2022 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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