Ajay Kumar Singh @ Ajit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31836 of 2025 Arising Out of PS. Case No.-53 Year-2010 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Ajay Kumar Singh @ Ajit Singh, S/o- Shanker Singh, Village- Gairatpur PSManjhi, District- Saran Chhapra, At Present Village- Badi Durgasthan, PSKatihar, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-05-2025 Heard Mr. Krishna Prasad Singh, learned Senior Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 53 of 2010, registered for the offences punishable under Sections 419, 420, 467, 468, 471 and 120 (B) of the Indian Penal Code.

3. Allegedly the petitioner alongwith others by producing forged and fabricated domicile certificates obtained the employment in army.

4. Learned Senior Advocate appearing on behalf of the petitioner submitted that the petitioner is himself a victim of the circumstances and at the time of recruitment, he has

Patna High Court CR. MISC. No.31836 of 2025(2) dt.22-05-2025 2/3 submitted the domicile certificate duly produced by the competent authority, however, later on the same has been found to be forged and fabricated; but without there being any enquiry in the matter and the notice to the petitioner. The petitioner has not given any opportunity of hearing and in fact the petitioner was not knowing this fact that such case has ever been instituted against him. For the first time the petitioner came to know when non-bailable warrant is issued against him and others. Learned Senior Advocate further submitted that the other accused persons facing identical allegation, they have been allowed the privilege of anticipatory bail by co-ordinate Bench of this Court in Criminal Miscellaneous No. 77974 of 2023, Criminal Miscellaneous No.

85987 of 2023, Criminal Miscellaneous No. 27838 of 2023 and Criminal Miscellaneous No. 28005 of 2025. Learned Senior Advocate has further apprised this Court that the petitioner is still in job and if his presence would be required, he would certainly assist the investigating officer in all the manner.

5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the case is of the year 2010 and the petitioner has been evading from the law for a decade.

6. Considering the materials available on record as

Patna High Court CR. MISC. No.31836 of 2025(2) dt.22-05-2025 3/3 also the fact that the case of the petitioner is based on parity and the allegation is to be proved through documentary evidence as also the undertaking rendered by the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount subject to the verification of the record that the process under Section 82 and 83 has not been issued and executed, each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Muffasil P.S. Case No. 53 of 2010, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) supratim/- U T