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Patna High CourtCR. MISC./26182/2023bail granted

Jitendra Chandra Malik v. The State Of Bihar

2023-07-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26182 of 2023 Arising Out of PS. Case No.-402 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Jitendra Chandra Malik Son Of Anirudh Malik R/O Village- Ratanpur, P.S.- Ratanpur, Abhiman, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul, Advocate Ms. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he came to know from people that this petitioner, a Rajasv Karmachari, has made alteration in Register-II in Jamabandi No. 298 relating to Mauja-Khairva, P.S. No. 182, it is further alleged that petitioner being Rajasv Karmachari is custodian of Register-II.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.26182 of 2023(2) dt.20-07-2023 2/2 next submitted that it is true that petitioner being Rajasv Karmachari is custodian of Register-II but then any interference in jamabandi is the sole prerogative of the Circle Officer. Learned counsel further submits that no inquiry was conducted before instituting the present FIR, it is thus submitted that had an opportunity been given to the petitioner, perhaps he would have been able to explain the case and would have proved his innocence.

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

6. 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 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds 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/successor court in connection with Chhauradano P.S. Case No. 402 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T