Bijay Kumar Das @ Bijay Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23621 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== Bijay Kumar Das @ Bijay Das, S/o Late Kishun Lal Das, Resident of at Pachana Road, Near Bharat Mata, Ward No. 22, P.O.-P.S.and DistrictLakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar Singh, Advocate For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner is apprehending his arrest in connection with Lakhisarai P.S. Case No. 05 of 2024 arising out of Complaint Case No. 531 (C) of 2023 registered for the alleged offences under Sections 419, 420, 467, 468, 504, 506 of the Indian Penal Code.
3. As per prosecution case, the petitioner and coaccused cheated the informant and others of Rs. 3 lacs for getting them enrolled in some B.Ed course and furnished them forged certificates of the B.Ed course.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.23621 of 2024(2) dt.01-05-2024 2/3 case. There is no allegation in the FIR that the petitioner took any money from the complainant or any other person. From the FIR, it appears that the petitioner introduced the complainant and others to co-accused Amitabh Bachchan, who took all the money and issued them certificates which were later on found to be forged. Only allegation against the petitioner is that he was present at the time of issuance of certificates and while filling up the form. The learned counsel further submits that the petitioner is a teacher and has been given duty of verification of the documents in course of appointment of teacher. The petitioner pointed out the false certificates of the informant and others and, for this reason, this case has been lodged against the petitioner. The petitioner is having clean antecedent.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the specific allegation is against the co-accused and there is hardly any allegation of any wrong doing against the petitioner as it appears from the FIR, let the petitioner, above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail,
Patna High Court CR. MISC. No.23621 of 2024(2) dt.01-05-2024 3/3 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No. 05 of 2024, arising out of Complaint Case No. 531 (C) of 2023, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) V.K.Pandey/- U T