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Patna High CourtCR. MISC./21896/2021bail granted

Md. Firoj Akhtar v. The State Of Bihar

2022-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21896 of 2021 Arising Out of PS. Case No.-205 Year-2018 Thana- CHARPOKHARI District- Bhojpur ====================================================== MD. FIROJ AKHTAR SON OF ABDUL KHALIK ANSARI R/O VILLAGEABGILA, P.S.- SAHAR, DIST.- BHOJPUR, ARA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiva Ranjan, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code.

It is a case of lodging FIR for appointment on a fake letter.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that on the letter of Gautam Kumar, ExPanchayat Teacher, the Zila Lok Sikayat Nibaran Padadhikari without any notice or hearing or without verifying the certificate of the petitioner, justified it a forged certificate and the FIR was

Patna High Court CR. MISC. No.21896 of 2021(3) dt.07-02-2022 2/2 lodged against the petitioner. He further submits that the petitioner challenged the order of lodging the FIR before State Appellate Authority, Bihar, Patna vide case No. Appeal 33/2020 and the State Appellate Authority set aside the order of Zila Lok Sikayat Niwaran Padadhikari and directed the petitioner to join the service within a period of fortnight and also directed the District Magistrate, Bhojpur to take appropriate action against the Panchayat Secretary.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Charpokhari P.S. Case No. 205 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U T