Patna High CourtCR. MISC./11164/2023bail granted

Subodh Kumar v. The State Of Bihar

2023-04-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11164 of 2023 Arising Out of PS. Case No.-628 Year-2022 Thana- BUDDHACOLONY District- Patna ====================================================== SUBODH KUMAR Son of Late Tetar Das Resident of Ghar Chak Fatma, P.O.- Baijani, P.S.- Jagdishpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Hriday Prasad For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 420/471 and other allied sections of the Indian Penal Code.

As per the prosecution case, petitioner got selected in the police service on the basis of forged caste certificate. Learned counsel appearing for the petitioner submits that one Gaurav Kumar, on whose application FIR has been lodged, is named accused in murder case of cousin brother of this petitioner bearing Jagdishpur Police Station Case No. 159 of 2018. As a matter of fact, petitioner got appointment on the post of constable on merit and is in service for the last 23 years. FIR itself goes to show that the same has been filed only on

Patna High Court CR. MISC. No.11164 of 2023(2) dt.27-04-2023 2/2 suspicion without verifying the records. After full verification of records of petitioner, his service has been confirmed. Petitioner is not the custodian of service book as such there could be no occasion for him to make interpolation in the service book. Petitioner claims clean antecedent.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate I, Patna 4 in Budha colony Police Station Case No. 628 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T