Dadan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36630 of 2021 Arising Out of PS. Case No.-93 Year-2021 Thana- NAWANAGAR District- Buxar ====================================================== DADAN SINGH Son of Dev raj Singh Resident of Village - Jamua Tola, P.S.- Nawangar, Distt.- Buxar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Singh, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in connection with Nawanagar P.S. case No.93 of 2021 registered under Sections 420, 467, 468, 471, 120B of the Indian Penal Code. Prosecution case, in short, is that the petitioner was selected as Panchayat Shiksha Mitra in the year 2005 and his

Patna High Court CR. MISC. No.36630 of 2021(2) dt.02-02-2022 2/3 date of birth was wrong in his certificate of matriculation furnished by him.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner was appointed as Panchayat Shiksha Mitra. Subsequently after his appointment, it was found that the date of birth of the petitioner was wrong in the matriculation certificate furnished by him. The petitioner had no knowledge regarding the same. As per the petitioner, the date of birth as mentioned in the certificate is correct.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Patna High Court CR. MISC. No.36630 of 2021(2) dt.02-02-2022 3/3 Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Nawanagar P.S. case No.93 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T