Amit Kumar Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29852 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Amit Kumar Ranjan SON OF MR. RAMESH CHANDRA THAKUR RESINDENT OF VILLAGE- HANSOPUR, PS- KHANPUR, DISTSAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-05-2024 Heard Mrs. Vaishnavi Singh, learned counsel for the petitioner and Mr. Ajay Mishra, learned APP.
2. The petitioner is apprehending his arrest in connection with Warisnagar P.S. Case No. 73 of 2024 for the offence under sections 420, 467, 468, 471, 120(B) of the I.P.C. lodged on 12.03.2024 by the informant, Gautam Krishna.
3. As per the prosecution story, the informant alleged that in the light of CWJC No. 15459 of 2014, despite amnesty, since some of the fake teachers chose not to resign, Vigilance cases have been lodged which include this petitioner and it was found that he submitted document of the institution which is closed since long and there was no examination held after the year 1999-2000 while the petitioner chose to submit the marksheet of year 2006. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he has already suffered and has resigned subsequently on
Patna High Court CR. MISC. No.29852 of 2024(2) dt.21-05-2024 2/3 02.04.2024 (Annexure-2 to the petition) and is ready to face the trial.
5. Learned APP opposes the prayer stating that there is no receiving/seal of the concerned office.
6. To this, learned counsel for the petitioner submits that in case the statement made herein is found to be false, the order may become infructuous.
7. Taking into account the aforesaid submissions as also the fact that FIR has been lodged, he will be facing the trial, as per the contention of the learned counsel for the petitioner, the petitioner has resigned and he do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
8. However, if it is found that contrary to the statement made in the petition, he has actually not resigned, the order shall become infructuous.
9. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Warisnagar P.S. Case No. 73 of 2024 subject to
Patna High Court CR. MISC. No.29852 of 2024(2) dt.21-05-2024 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) kiran/- U T