Kamlesh Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36101 of 2021 Arising Out of PS. Case No.-165 Year-2019 Thana- KHAJAULI District- Madhubani ====================================================== KAMLESH KUMAR ROY S/O Gopal Prasad Singh R/O Village - Mandil, P.S. - Paras Bigha, District - Jehanabad.

... ... Petitioner

Versus

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Dr. Kumar Uday Pratap, Advocate Mr. Hastina Pratap, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Khajauli P.S. Case No. 165 of 2019 registered under Sections 420, 407, 468, 471/120B of the Indian Penal Code.

Allegation against the petitioner is that he got appointment on the post of teacher on the basis of fake certificate. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.36101 of 2021(2) dt.24-05-2022 2/2 petitioner has been made accused in the present case due to mistake of fact. As per allegation, the petitioner is said to have got appointment on the post of teacher on the basis of a fake certificate. The petitioner had no knowledge that the certificate, in question, is fake one. The petitioner had no intention to commit the offence under Section-420 of the Indian Penal Code. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate-III, Madhubani in connection with Khajauli P.S. Case No. 165 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T