Girija Nand Pandey @ Girja Nandan Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14962 of 2023 Arising Out of PS. Case No.-494 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Girija Nand Pandey @ Girja Nandan Pandey S/O Sukhdeo Pandey @ Late Mithlesh Kumar Pandey R/O Laxmi Sagar Colony, Near Gauriya Math, P.SJakkanpur, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Giri, Advocate For the Opposite Party/s :
Ms. Rina Sinha, APP For the Informant : Mr. Raju Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Muzaffarpur Sadar P.S. Case No.494 of 2022 registered for the offences punishable under Sections 467, 468, 471 and 420 read with Section 34 of the Indian Penal Code.
The allegation against the petitioner is to cheat informant and others by way of creating forged documents regarding their employment in Health Department, Government of Bihar against cash of Rs.5,00,000/- (Rupees Five Lakhs) for
Patna High Court CR. MISC. No.14962 of 2023(2) dt.24-05-2023 2/3 each candidate.
Learned counsel appearing on behalf of the petitioner submitted that admittedly occurrence is of 2016 but the present case was lodged in the year 2022 after six years due to oblique motive of false implication. It is submitted that it appears highly improbable that informant served office for more than five years without drawing any salary and for the reason as they failed to collect their salary for different reasons, present false implications were raised after five years. It is also submitted that similarly situated co-accused Awdhesh Thakur @ Bhikhari Thakur has already been granted anticipatory bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No.12269 of 2023 vide order dated 19.05.2023. While concluding the argument it is submitted that petitioner is a man of clean antecedent.
Learned APP duly assisted by learned counsel appearing on behalf of Informant, opposes the prayer for bail. In view of the facts and circumstances as mentioned above as allegations raised after five years of the occurrence, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail,
Patna High Court CR. MISC. No.14962 of 2023(2) dt.24-05-2023 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur/concerned Court below where the case is pending in connection with Muzaffarpur Sadar P.S. Case No.494 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T