Mukesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22108 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- ARIYARI District- Sheikhpura ====================================================== 1.

MUKESH KUMAR AND ANR SON OF BRAHMANAND PRASAD ALIAS BRAHMANAND PRASAD VERMA RESIDENT OF VILLAGE AND P.S. - RAHUI, DISTRICT - NALANDA 2.

MITHILESH KUMAR SON OF MAYUR HAWAJ PRASAD SINGH RESIDENT OF VILLAGE - KHANWAN, P.S. NARHAT, DISTRICT - NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that petitioners got appointed on the post of Special Survey Amin based on fake and forged diploma in Civil Engineering.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that no departmental proceeding preceded the institution of the present F.I.R. It is further submitted that had an

Patna High Court CR. MISC. No.22108 of 2023(2) dt.11-07-2023 2/2 opportunity been given to the petitioners for explaining their case, then perhaps the present F.I.R. would not have been instituted, it is next submitted that the diploma was verified even at the time of appointment, but then no such allegations were raised.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ariyari (Kasar O.P) P.S. Case No. 13 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T