Bhola Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15157 of 2023 Arising Out of PS. Case No.-66 Year-2021 Thana- MAHESI District- East Champaran ====================================================== BHOLA PRASAD S/O LATE GANESH PRASAD Resident of Village- Pipra Bazaar, Post- Damodarpur, P.S.- Pipra, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harsh Vardhan, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 467, 468, 471, 420 and 409 IPC. Allegation against the petitioner is of obtaining service on the basis of a false certificate and a letter directing him to deposit Rs.13,12,981/- paid to him towards the salary was sent but the same was returned.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the petitioner was dismissed from the service of Jan Sewak, Mehsi Block and on the order of the

Patna High Court CR. MISC. No.15157 of 2023(2) dt.16-05-2023 2/2 District Magistrate, the present F.I.R. was lodged that petitioner got service on the basis of false certificate. It is further submitted that against the dismissal, the petitioner has filed an appeal before the Divisional Commissioner and the appeal was admitted and pending for hearing. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to 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 Mehsi P.S. Case No.66/21, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T