Patna High CourtCR. MISC./32948/2018bail granted

Bindeshwar Roy v. The State Of Bihar

2018-07-02Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32948 of 2018 Arising Out of PS.Case No. -141 Year- 2018 Thana -MUZAFFARPUR TOWN District- MUZAFFARPUR ===================================== Bindeshwar Roy, S/o Late Rajdev Roy, R/o Vill.- Sirdilpur, P.O.- Paori, P.S.- Patori, District- Samastipur (Bihar) 848504.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Adv. For the Opposite Party/s : Mr. Nityanand, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2018 The petitioner seeks bail in anticipation of his arrest in connection with Town P.S. Case No. 141 of 2018, dated 27.02.2018, instituted for the offences punishable under Sections 420, 468 and 471 of the Indian Penal Code. It has been alleged against the petitioner that he has furnished wrong date of birth for obtaining appointment in the Railways. The appointment was obtained on the date of birth of the petitioner given in Class-VIIIth, which is 13.05.1978. It has been alleged that the matriculation certificate of the petitioner discloses his date of birth as

Patna High Court Cr.Misc. No.32948 of 2018 (3) dt.02-07-2018 2/2 13.05.1967.

Learned counsel appearing for the petitioner has submitted that the allegation, on face of it, is absurd. The matriculation certificate, which is being referred to in the F.I.R., is of another person with the same name as that of the petitioner, who has died long time back. Had it not been the case, the petitioner would not have been serving the Railways for about 20 years. The reason for falsely implicating the petitioner in the present case is that only on the complaint of the petitioner that some of the employees of Railways were demanding illegal gratification, a raid was conducted in which those wrong doers were arrested. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S. Case No. 141 of 2018.

(Ashutosh Kumar, J) Praveen-II/- U T