Sanjay Choudhary @ Sanjay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14271 of 2025 Arising Out of PS. Case No.-161 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Sanjay Choudhary @ Sanjay Chaudhary S/o Butan Choudhary Resident of village- Kurtha, Khem Karan Sarai, PS- Kurtha, District- Arwal, Presently Sri Krishnapuri, P.S.- Krishnapuri, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupesh Kumar, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-04-2025 Heard Mr.Rupesh Kumar, learned counsel for the petitioner and Mr.Murli Dhar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Khagaria (Chitragupt Nagar) P.S.Case No.161 of 2022,FIR dated 23.02.2022 registered for the offences punishable under Sections 420,409,467,468,471,34 of IPC.

3. Allegation against the petitioner is that he got appointment to the post of Special Survey Amins on the basis of forged certificate.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. As per allegation in the FIR, the

2/4 petitioner has obtained appointment to the post of Special Survey Amin on the basis of the forged and fabricated certificate. Learned counsel for the petitioner submits that the appointment of the petitioner has been done by the competent authority after proper verification of the certificates of the petitioner and before lodging the present FIR, the petitioner has been terminated from the post in question and the similarly situated co-accused person, namely, Rajnish Kumar has been granted privilege of anticipatory bail by a Coordinate Bench of this Hon'ble Court vide order dated 20.02.2024 passed in Cr. Misc. No.5540 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has intentionally submitted the false certificate for obtaining the job in question.

6. Considering the aforesaid facts, petitioner has clean antecedent, petitioner has submitted the certificates which has received from the competent authority/University and after due verification, the petitioner has been appointed and before filing of the present FIR, the petitioner has been removed from the post in question and apart from that, the similarly situated coaccused person, namely, Rajnish Kumar has been granted

3/4 privilege of anticipatory bail by a Coordinate Bench of this Hon'ble Court, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Khagaria in connection with Khagaria (Chitragupt Nagar) P.S.Case No.

161 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her

4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T