Saurav Suman @ Sourabh Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27958 of 2024 Arising Out of PS. Case No.-145 Year-2023 Thana- AIRPORT District- Patna ====================================================== Saurav Suman @ Sourabh Suman Son of Sri Mahadeo Mahto @ Mahadev Mahto Resident of Village, Post and P.S.- Sonki, Dist.- Darbhanga, State of Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Jha, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-05-2024 Heard Mr. Manish Jha, learned counsel for the petitioner and Mr. jagdhar Prasad, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Hawai Adda P.S. Case No. 145 of 2023, F.I.R. dated 20.07.2023 registered for the offences punishable under Sections 420, 467, 458, 471, 120(B) of the Indian Penal Code, 1860.

3. Allegation against the petitioner is that he has submitted forged certificate and took his admission on basis of forged certificate in MBBS Course at PMC, Patna.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.27958 of 2024(2) dt.07-05-2024 2/3 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not submitted the forged certificate under DQ quota seat before the counselling. He further submits that he has submitted the certificate which he obtained from the competent Board i.e. Darbhanga Medical College, Darbhanga.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner and submits that during investigation it was found that the certificate which was submitted by the petitioner was forged and after the report received from the Darbhanga Medical College, an F.I.R. was instituted.

6. Considering the aforesaid facts that the petitioner having clean antecedent and the petitioner submitted the certificate which he obtained from the Darbhanga Medical College, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna in connection with Hawai Adda P.S. Case No. 145 of 2023, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.27958 of 2024(2) dt.07-05-2024 3/3 the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T