Basant Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31688 of 2024 Arising Out of PS. Case No.-2 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Basant Kumar Srivastava Son of Late Nagendra Prasad Srivastava Resident of Village - Shital Bardaha, Police Station - Kuchaikote, District - Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Police Inspector-cum-Assistant I.O., Vigilance, Investigation Bureau, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehend his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

3. Allegation against the petitioner is that he, being a Panchayat Secretary, has issued appointment letter in favour of one, Sujit Kumar and later on his marksheet was found to be fake by the vigilance during inquiry.

4. Learned counsel for the petitioner submits that petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the main accused of this

Patna High Court CR. MISC. No.31688 of 2024(2) dt.19-07-2024 2/2 case, namely, Sujit Kumar @ Sujeet Kumar has already been granted anticipatory bail. He submits that the petitioner was a Panchayat Secretary at the time of appointment of Panchayat Teacher. He submits that petitioner has already retired from service in the year 2022. He further submits that petitioner has no criminal antecedent as stated in paragraph-3 of the bail application.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the petitioner has retired from service, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mohammadpur P.S. Case No. 02 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) durgesh/- U T