Suraj Bhan Singh @ Sri Suraj Bhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12166 of 2020 Arising Out of PS. Case No.-271 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== Suraj Bhan Singh @ Sri Suraj Bhan Singh Son of Sri Vijay Pratap Singh Resident of Village - Mura Majhaua Post Darouni, P.S.- Panchrukhi, Distt - Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The North Bihar Power Holding Distribution Company Ltd. Bihar 3.

The Junior Engineer, Electric Supply Division, Panchrukhi P.S. Panchrukhi, Distt - Siwan. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar, Adv.

For the State :

Mr. Anant Kumar -1, APP for the NBPDCL : Dr. Anand Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-10-2020 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the North Bihar Power Distribution Company Limited through video conferencing. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Panchrukhi P.S. Case No.271 of 2019, registered under sections 420 and 409 of the Indian Penal Code. The allegation as per F.I.R. is that the petitioner along with a number of other persons obtained appointment as Button Panel Operator in the Power Holding Distribution Company on the basis of forged certificates.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.12166 of 2020(4) dt.08-10-2020 2/3 the allegation as levelled in the F.I.R. are false and concocted. In any way of the matter, the petitioner has been terminated from service and statement to this effect has been made in paragraph no. 6 of the petition. The petitioner has no criminal antecedent. The application for bail is opposed by learned counsel for the Power Holding Distribution Company who brings to the notice of this Court the letter dated 18.9.2019 enclosed as part of F.I.R. together with the list of persons including that of the petitioner at serial no.97 mentioning that the certificate produced by the petitioner has not been issued by the authority concerned. Thus, it is submitted that the certificate being forged, it is not a case for grant of anticipatory bail.

Having heard learned counsel for the parties and taking into consideration the nature of allegation as made in the F.I.R. together with the submissions made on behalf of the petitioner including the statement in paragraph no.6 that he has been terminated from service, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Panchrukhi P.S. Case No.271 of 2019, he will be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.12166 of 2020(4) dt.08-10-2020 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

It is directed that the petitioner shall cooperate in the trial.

(Partha Sarthy, J) Bibhash/- U T