Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13806 of 2018 Arising Out of PS.Case No. -609 Year- 2013 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Ajay Kumar, Son of Sri Ramanuj Sharma, Resident of Village- Godiha, Police Station- Parasbigha in the district of Jehanabad. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Navin Sharma, Advocate. Mr. Sunil Kumar, Advocate.
For the State : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Begusarai (Town) P.S. Case No. 609 of 2013 instituted for the offence under Sections 463, 468, 471 and 420 of the Indian Penal Code. It is alleged in the written report that petitioner joined to the post of Non-medical Assistant on 17.03.2013 in District Leprosy Control Unit, Begusarai, in pursuance to the order of Director-in-Chief, Health Services, Bihar, Patna. The joining letter was accepted and he was directed to submit affidavit and other documents such as Voter I.D. and PAN Card. After verification of document, the petitioner was directed to take charge at Balia Block vide letter No. 180 dated 31.10.2011, but petitioner did not join and was absconding from that day. The petitioner was neither
Patna High Court Cr.Misc. No.13806 of 2018 (3) dt.11-04-2018 2/3 paid salary nor he did work. On 16.9.2013 letter No. 641 dated 10.9.2013 of the Director, Health Services, Bihar, was received from which it reveals that all the orders were forged and it was directed to lodge First Information Report against the petitioner. Learned counsel for the petitioner has submitted that he has not joined service after coming to know about the irregularity committed in issuing his appointment letter. He has not taken any salary from the Government. It is further submitted that the letter dated 10.9.2013 which is basis of the present First Information Report is also found to be fake which is apparent from the letter contained in Memo No. 24 dated 9.1.2018 issued under Right to Information Act. The aforesaid letter has been enclosed as Annexure-2.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Begusarai (Town) P.S. Case No. 609 of 2013, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further
Patna High Court Cr.Misc. No.13806 of 2018 (3) dt.11-04-2018 3/3 conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T