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Patna High CourtCR. MISC./36461/2024allowed

Kundan Kumar Singh v. The State Of Bihar

2024-07-19Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36461 of 2024 Arising Out of PS. Case No.-469 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Kundan Kumar Singh Son Of Sukh Sagar Singh Village- Pathra, Ps- Pipra, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Supaul P.S. Case No. 469 of 2020 dated 04.07.2020, instituted for the offence punishable under Sections 419, 420/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he has committed forgery in physical examination for appointment of Home Guard Constable.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that occurrence took place on 19.10.2019 but the F.I.R. has been lodged on 04.07.2020 i.e. after 9 months of the alleged occurrence. It is further submitted that other similarly situated persons, namely, Bipin Kumar, Bipin Kumar Thakur, Ranjeet Kumar and Chandeshwar Mandal have been granted bail vide order dated 28.04.2022 passed in Criminal Miscellaneous No. 49643 of

Patna High Court CR. MISC. No.36461 of 2024(3) dt.19-07-2024 2/2 2024 by a Co-ordinate Bench of this Court and another co-accused, namely, Shivnarayan Kumar has been granted bail vide order dated 13.02.2024 passed in Criminal Miscellaneous No. 1347 of 2024 by another Bench of this Court. Another co-accused person, namely, Md. Nasim Alam @ Md. Nasim has been granted anticipatory bail vide Criminal Miscellaneous No. 9267 of 2024 by this Court. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Supaul P.S. Case No. 469 of 2020, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Supaul, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T