Kumar Ajit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15396 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- SHAMBHUGANJ District- Banka ====================================================== Kumar Ajit, Son Of Late Kumar Manikant Baid R/V- Gokula Bazar, P.S.- Bandhuwa Kurawa, District- Banka ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023
1. The learned counsel for the petitioner submits that the deficit stamp would be deposited during the course of the day and rest of the defects are ignored.
2. Heard learned counsel for the petitioner and learned APP for the State.
3. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 406, 409, 420, 467, 468, 471, 120(B) of the Indian Penal Code.
4. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the accused persons including the petitioner prepared forged job cards and thus, opened forged bank accounts and thereafter, illegally withdrew money from those bank accounts of eight beneficiaries.
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5. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that petitioner, being Panchayat Sewak of Biraundha Gram Panchayat, Block Shambhuganj, District-Banka, has been falsely implicated. It is further submitted that petitioner was posted therein between 30.11.2013 to 18.05.2015 and during that period, no forged job cards were prepared in writing of the petitioner, nor his signature is available on any of the job cards. It is next submitted that in the F.I.R.
, it is alleged that two or three job cards were prepared by the petitioner, but then, the petitioner disputes the said allegation and submits that the job cards were uploaded in the computer by Deepak Kumar Sharma, who is Programme Officer, Sambhuganj and is Sardhu (brother in-law) of the District Programme Officer and he was instrumental in creating forged and fabricated job cards. It is also submitted that petitioner has been suspended and is facing proceedings.
3/4 by the Investigating Officer for eliciting the truth.
6. Learned A.P.P. opposes the bail application.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka/ Court Concerned, Banka in connection with Shambhuganj P. S. Case No.153 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
9. However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at
4/4 liberty to cancel the bail bonds of the petitioner after recording reasons.
10.
Let a copy of this order be sent to the concerned Police Station through the learned trial Court. 11.
It is further made clear that in the event, if charge-sheet is submitted connecting the petitioner with the offence, the present anticipatory bail order shall come to an end.
(Satyavrat Verma, J) vikash/- U T