Amarkant Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20494 of 2022 Arising Out of PS. Case No.-582 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== Amarkant Prasad, Son Of Late Baliram Rai R/O- Village- Dahiyawan Tola, P.S.- Chapra Town, District- Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ganesh Prasad Singh For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 120(B) of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 05.08.2021, in a proceeding of District Compassionate Committee, it was found that petitioner was appointed on the post of Peon in the office of Saran Collectorate. It is next alleged that as per guidelines of the General Administration Department, compassionate appointment is given only when no other dependent of exserviceman is gainfully appointed. It is next alleged that

Patna High Court CR. MISC. No.20494 of 2022(2) dt.01-11-2022 2/3 petitioner, son of late Baliram Rai submitted that no member of his family are in service either in private or public, by way of a non-employment certificate dated 27.09.2020. which was affidavited on 13.08.2020. It is next alleged that even Sanjay Kumar Rai, brother of the petitioner, had also given a no objection certificate despite the fact that he was appointed on the post of Peon in the office of the Collectorate, Saran at Chapra.

The learned counsel for the petitioner submits that the petitioner under a misconceived note-sheet applied for compassionate appointment on the ground that no one in his family was gainfully employed for the reason that petitioner is step-son of Baliram Rai and Sanjay Kumar Rai is his stepbrother and thus, he was of the opinion that he is not part of the family as has been specifically pleaded at Para-12 of the anticipatory bail application. The learned counsel submits that perhaps the petitioner did not understand the law in its correct perspective and thus, sought appointment Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.20494 of 2022(2) dt.01-11-2022 3/3 within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Town P. S. Case No.582 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T