Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12766 of 2023 Arising Out of PS. Case No.-303 Year-2014 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== ABHISHEK KUMAR S/o Ravindra Nath Tiwari @ Ravindra Tiwari R/o Village- Barwa Tiwary Tola, P.S.- Govindganj, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 467, 468, 471 of the IPC. As per the prosecution case, the petitioner was selected in Army during the period 04.02.2014 to 12.02.2014 but was declared unfit in primary physical test. Later on, physical test of Army recruitment, Gaya in respect of petitioner was received showing him to be successful in physical test which created suspicion over its genuineness and the same was sent for its proper verification and the same was found to be forged. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.12766 of 2023(2) dt.28-04-2023 2/3 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner has one criminal antecedent. The petitioner joined his scheduled training where he got involved in the process. It is submitted that a complaint case was lodged in Bangalore as Ashok Nagar Police Complaint Case No.520/2014 and was granted regular bail by the learned A.C.M.M., 11th, Bangalore on 05.11.2014. It is further submitted that for the same allegation against the same accused, an F.I.R. was lodged against the petitioner in Muzaffarpur. It is further submitted that the petitioner was in no way concerned to the department, so it is not possible that he created any report or submitted it.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the fact that for one offence, two cases have been lodged against the petitioner in two different places, I am inclined to enlarge the petitioner on bail.

Accordingly, 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

Patna High Court CR. MISC. No.12766 of 2023(2) dt.28-04-2023 3/3 satisfaction of the learned court below where the case is pending/Successor Court in connection with Kazi Mohammadpur P.S. Case No.303/14, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T