Awadhesh Ray @ Awdhesh Ray @ Awadhesh Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16522 of 2023 Arising Out of PS. Case No.-63 Year-2022 Thana- DALSINGHSARAI District- Samastipur ====================================================== AWADHESH RAY @ AWDHESH RAY @ AWADHESH PRASAD YADAV SON OF LATE DEEP NARAYAN RAY RESIDENT OF VILLAGE- NAYA TOLA, SABNIMA, PS- ATHAMALGOLA, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan, Adv.
For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-05-2023 Heard Mr. Prabhat Ranjan, learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned Additional Public Prosecutor for the State.
2. Petitioner apprehends his arrest in connection with Dalsinghsarai PS Case No. 63/2022 dated 25.02.2022 registered for the offence punishable under Sections 467, 468, and 420 of the IPC.
3. As per prosecution story, the petitioner being a contractor participated in a tender process for construction of embankment relating to flood control and in the said process, he produced experience certificate which was found to be forged.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case without any material. The work was never awarded to the petitioner and the
Patna High Court CR. MISC. No.16522 of 2023(2) dt.29-05-2023 2/3 work has already been completed. A show-cause notice was issued to the petitioner by the authority of Water Resources Department for blacklisting on the ground that the petitioner produced a forged experience certificate in order to obtain the work which was challenged by the petitioner in CWJC No. 3429/2023 and a Division Bench of this Court have been pleased to quash the show-cause as well as order of blacklisting vide its order dated 21.04.2023. He next submits that allegation against the petitioner is based upon the document and there is no likelihood that the petitioner will abscond or tamper with the evidences.
5. Regards being had to the submissions made by the parties, taking into consideration the material on record and the fact that petitioner has got no criminal antecedent, the allegation against him is based upon document for which no custodial interrogation may be required, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial
Patna High Court CR. MISC. No.16522 of 2023(2) dt.29-05-2023 3/3 Magistrate-I, Dalsinghsarai in connection with Dalsinghsarai PS Case No. 63/2022, subject to the condition as laid down under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U T