Vikash Kumar Sharma @ Vishal Raj @ Vishal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31371 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- NAGAR District- Vaishali ====================================================== VIKASH KUMAR SHARMA @ VISHAL RAJ @ VISHAL SHARMA SON OF VIJAY KUMAR SHARMA R/O-MAHAVIR SADAN HATHSARGANJ, HAJIPUR, P.O.-HAJIPUR, P.S.-HAJIPUR TOWN, DISTT.-VAISHALI844103 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Narayan Sharma, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

2.

This is an application for grant of anticipatory bail in connection with Vaishali (Hajipur) Town PS case no. 118 of 2023, registered for the offences punishable under Section 406 and other allied sections of the Indian Penal Code. 3.

The allegation is regarding the petitioner and one another co-accused person having taken the original certificate and money from the informant for getting her admitted in the College in question, where the informant had met the accused persons but thereafter, it transpired that the registration/ admission receipt given to the informant is forged, resulting in her not being able to sit in the Class-12th examination.

Patna High Court CR. MISC. No.31371 of 2023(2) dt.14-07-2023 2/3 4.

The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioner is ready to join investigation, in case the petitioner is granted the privilege of anticipatory bail.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is ready to join investigation by appearing before the S.H.O. of the concerned Police Station, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail, however, subject to certain conditions.

7.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.31371 of 2023(2) dt.14-07-2023 3/3 learned court of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali (Hajipur) Town PS case no. 118 of 2023, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

8.

It is further directed that the petitioner shall mark his presence before the officer-in-charge of the concerned police station at 10 am on every Monday, starting from the day he is released on bail, and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) rinkee/- U T