Syed Mobasir Hussain @ Md. Hussain @ Syed Mobassir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28195 of 2024 Arising Out of PS. Case No.-659 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Syed Mobasir Hussain @ Md. Hussain @ Syed Mobassir Hussain S/o- Late Mojamil Hussain @ Syed Muzammil Hussain Village- Naviganj Ps- Bhagwan Bazar Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner apprehends arrest in Laheriasarai P.S. Case No. 659 of 2022, registered under Sections 406, 409, 420, 467, 468 and 471 of the Indian Penal Code.

3. The prosecution case, in short, is that, petitioner is the member of the group, who enabled one 'Rohit Kumar' in getting forged medical fitness certificate from the Sadar Hospital, Chapra.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner further submits that the petitioner is not named in the F.I.R., name of the

Patna High Court CR. MISC. No.28195 of 2024(3) dt.10-07-2024 2/2 petitioner has transpired in this case on the basis of confessional statement of co-accused Vikash Kumar which has no evidentiary value. Except confessional statement of the coaccused, no material has come in the case diary against the petitioner regarding issuance of forged medical fitness certificate. The petitioner has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/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 Court below/concerned Court in connection with Laheriasarai P.S. Case No. 659 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T