Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32987 of 2022 Arising Out of PS. Case No.-314 Year-2019 Thana- MAHESI District- East Champaran ====================================================== PRABHAT KUMAR S/o Late Vishnudev Singh R/o village - Neerpur, P.S.- Chautham, District- Khagaria, Batan Pat Chalak (Operator) at Sub Power Grid Mehasi, East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The North Bihar Power Distribution Company Limited through its Managing Director, 3rd Floor, Vidyut Bhawan, Bailey Road, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Atul Shankar, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 467, 468, 471 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that petitioner based of forged I.T.I. certificate got his service regularized in the electricity department.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.32987 of 2022(2) dt.23-11-2022 2/3 petitioner has been falsely implicated in the present case. It is further submitted that a show cause has already been issued to the petitioner but he is not able to file his reply as he is on run on account of institution of the present FIR. It is next submitted that it is a dispute relating to service where allegation is of regularization of the service based on forged I.T.I. certificate by the petitioner and if the petitioner would have been proceeded departmentally the institution of an FIR at the initial stage is uncalled for. Learned counsel also submitted that the moment the petitioner gets anticipatory bail he will reply the show cause furnished to him by the department and is also ready to face any departmental proceeding, if any.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mehasi P.S.

Patna High Court CR. MISC. No.32987 of 2022(2) dt.23-11-2022 3/3 Case No. 314 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T