Shabana Naaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14629 of 2023 Arising Out of PS. Case No.-119 Year-2022 Thana- AIRPORT District- Patna ====================================================== SHABANA NAAZ D/o Mehfooz Alam R/o Ravi Nagar Silhori, P.S.- Fulwari Sharif, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Verma For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419 and 420 of the Indian Penal Code.

As per the F.I.R., allegation against the petitioner is that at the time of counselling in the examination for the post of Urdu Translator in Bihar S.C.C. the thumb impression of the petitioner has not matched. It is further alleged that the petitioner has placed some other person in examination in place of her and tried to get government job by playing fraud. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. She submits that so far as the non-matching of the thumb

Patna High Court CR. MISC. No.14629 of 2023(2) dt.12-05-2023 2/2 impression is/are concerned, the bio-metric system may be faulty for which the petitioners cannot be held guilty and this is actually a way to deny them employment. She submits that similar nature of allegation against a person, in another P.S. Case, has been enlarged on bail by a co-ordinate bench of this court vide order dated 06.01.2023 passed in Cr. Misc. No. 47975 of 2022, as enclosed in Annexure-3 of the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, 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 satisfaction of the learned Court below where the case is pending/successor Court in connection with Hawai Adda P.S. Case No. 119 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T