Sumit Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.54803 of 2017 (4) dt.22-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54803 of 2017 Arising Out of PS.Case No. -142 Year- 2017 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Sumit Kumar, son of Late Ashok Kumar Thakur, Resident of Rajapur, P.S.- Patliputra, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dr. A.K. Thakur, Principal, Darbhanga Engineering College, Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Samir Kumar, Adv. For the Opposite Party/s : Mr. Sri Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Darbhanga Sadar Police Station Case No. 142 of 2017, disclosing offences under Sections 419, 420, 468 and 471 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, petitioner happens to be Clerk and discharging the duties of Store Keeper in the college in question, which is evident from annexure-7 and this petitioner has no concern with the alleged certificates rather one Suresh

Patna High Court Cr.Misc. No.54803 of 2017 (4) dt.22-12-2017 Chandra Jha, Head Clerk was the custodian of the alleged certificates and documents and after his retirement other concerned clerk of the college was in habit of issuing certificate on the recommendation of the Principle of the College in question. Moreover, the enquiry committee in its repot has found that the petitioner was discharging his duties in Sitamarhi Institute of Technology, Sitarmarhi, which is evident from annexure- 8 and 9. Therefore, no specific case is made out against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga, in connection with Darbhanga Sadar Police Station Case No. 142 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T