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Patna High CourtCR. MISC./32010/2024allowed

Ravi Kumar v. The State Of Bihar

2024-11-18Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32010 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- RAJGIR District- Nalanda ====================================================== Ravi Kumar Son of Late Satyendra Prasad Resident of Village- Gaivar Ladwar, P.S.- Barh, Dist.- Patna, posted as Junior Clerk in Municipal Council, Rajgir, Dist.- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Shashi Bhushan Prasad, Former Executive Officer Nagar Panchayat, Rajgir, Nalanda, Bihar 3.

The Executive Officer Nagar Panchayat, Rajgir, Nalanda, Bihar 4.

Pramod Kumar, Staff of Nagar Panchayat Rajgir, Nalanda, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Naryan, Sr. Advocate :

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

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2024 Heard learned senior counsel for the petitioner and learned APP for the State.

2. Though, notice was validly served upon O.P. No. 2, and 4 but nobody entered appearance on their behalf. O.P. No. 3 refused to take the notice.

3.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 467, 468, 471, 420 of IPC. 4.

Allegedly, the petitioner who was posted as Junior Clerk in Municipal Council has done forgery in the documents and in passing map there is exchange of Rs. 20,000/-. It is alleged that

Patna High Court CR. MISC. No.32010 of 2024(5) dt.18-11-2024 2/3 instead of original signature, there was a rubber stamp of the signature of Shashi Bhushan Prasad, Former Executive Officer, Nagar Panchayat, Rajgir.

5.

It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is also submitted that informant is himself involved in various types of illegal acts and several investigation is going on against him and he has lodged this case to save himself and diverting attention of the officials from the actual status. It is further submitted that since 14.10.2022, the petitioner is not in-charge of any work related to map, encroachment, planning etc. Petitioner has one criminal antecedent as mentioned in para 3 of the bail application.

6.

Learned APP for the State opposed the prayer for bail. 7.

Having regard to the facts and circumstances of the case and the fact that after receiving notice, nobody appeared, 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

Patna High Court CR. MISC. No.32010 of 2024(5) dt.18-11-2024 3/3 the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rajgir P.S. Case No.51 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) priyanka/- U T