Amit Kumar @ Amit Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20925 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- BIHARIGANJ District- Madhepura ====================================================== Amit Kumar @ Amit Kumar Sah, Son of Sri Upendra Prasad Sah, Resident of Village - Mahathwa Bazar, Ward No.06, P.S.- Bhargama, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 03.01.2019 in a case registered for the offences punishable under Sections 419, 420, 406 and 120B of the Indian Penal Code.

The prosecution case, as per the written report of Ram Gulam Gupta, Block Education Officer, Bihariganj dated 02.01.2019 submitted to the Station House Officer of Bihariganj Police Station, is to the effect that certain persons are collecting Rs.40/- for application form for the examination for

Patna High Court CR. MISC. No.20925 of 2019(2) dt.04-04-2019 2/3 appointment as teacher in Uda-Kishunganj Sub-division. The petitioner was apprehended and from his possession, 25 filled up forged application forms and 21 blank application forms were recovered. The petitioner and others disclosed that at the behest of one Sujeet Kumar they were working. It is submitted by learned counsel for the petitioner that from the accusation made in the FIR it does not appear that anyone claimed that he gave money to the petitioner for the said application form nor has anyone been produced forged appointment letter. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner was found selling application form after taking Rs.40/- for providing employment.

Considering the fact that the investigation has already been concluded and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Uda-Kishunganj,

Patna High Court CR. MISC. No.20925 of 2019(2) dt.04-04-2019 3/3 Madhepura in connection with Bihariganj P.S. Case No. 02 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T