Amit Kumar Gautam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31522 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- GANDHIMAIDAN District- Patna ====================================================== Amit Kumar Gautam Son of Late Ram Dayal Ram Resident of F/673, Kankarbagh, P.O.- Lohia Nagar, P.S.- Kankarbagh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471, 34, 120(B) of the Indian Penal Code and Section 55(5) of the Motor Vehicles Act.

3. Allegedly, petitioner are said to have made wrong entries of BS-IV vehicles through their ID in contravention of the order of Hon'ble Supreme Court.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner was an employed as clerk in the District Transport Office, Patna. He received a letter dated 01.09.2020 wherein he was asked to explain registration of vehicles using his login ID and password without payment of

Patna High Court CR. MISC. No.31522 of 2024(2) dt.19-07-2024 2/3 requisite tax. The petitioner was shocked to find such allegation against him inasmuch as login ID and password which was generated for use of petitioner was only for the purpose of preparing report and not for the registration of vehicles. Learned counsel for the petitioner further submits that the petitioner has joined the DTO Office, Patna in December 2016 but in wake of hotcake rumors of Backlog entries of BS IV vehicle registration scam in the said office, he has been transferred and the same has communicated on 4th of September 2020 to the petitioner from Patna to District Transport Office, Bhojpur (Ara). He submits that the petitioner being a clerk is a victim of the present FIR and mere a scapegoat to the alleged scam in the DTO Office, Patna. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that the petitioner is the clerk of the DTO Office, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.31522 of 2024(2) dt.19-07-2024 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gandhi Maidan P.S. Case No. 227 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T