Bhavesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15746 of 2022 Arising Out of PS. Case No.-469 Year-2020 Thana- SUPAUL District- Supaul ====================================================== BHAVESH KUMAR Son of Parmanand Kharga Resident of Village - Dabhari (Ward No.- 5), P.S.- Supaul, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Anand, Adv.

For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 419, 420 and 34 of the IPC. Petitioner is said to have committed forgery in the physical examination for appointment of Home Guard Constable.

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. He submits that the said

Patna High Court CR. MISC. No.15746 of 2022(2) dt.11-08-2022 2/2 examination has been conducted in the month of SeptemberOctober, 2019 but the F.I.R. has been lodged on 04.07.2020 i.e. nine months after the alleged occurrence. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application and similarly situated several co-accused have been granted anticipatory bail by this Court vide order dated 28.04.2022 passed in Cr. Misc. No.49643 of 2021. Learned APP for the State opposed the prayer for bail. Considering the delay of nine months in lodging the FIR, 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 Supaul P.S. Case No.469/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.