Akshaya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30433 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- TARARI District- Bhojpur ====================================================== Akshaya Kumar Son of Sanoj Kumar Paswan Resident of Village Beldihari P S Sikarhatta District Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Tarari P.S. Case No. 227 of 2023 instituted under Sections 171G, 467, 468, 471 and 420 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that the petitioner had suppressed his age and given false affidavit before the Returning Officer (Panchayat)- cum-BDO, Tarari, District-Bhojpur during the Panchayat election for the post of Mukhiya.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case because inadvertently the petitioner has mentioned the date of birth in which there was difference in date of birth in

Patna High Court CR. MISC. No.30433 of 2024(3) dt.21-05-2024 2/2 matriculation certificate and the date of birth registered in the school and for correction of the same he has also given application to the Bihar School Examination Board. The candidature of the petitioner has already been rejected. The petitioner has two criminal antecedent. He further submits that the petitioner undertakes to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhojpur, Ara in connection with Tarari P.S. Case No. 227 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/AnkitU T