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Patna High CourtCR. MISC./37813/2024rejected

Navneet Bihari v. The State Of Bihar

2024-08-01Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37813 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- SACHIVALAYA District- Patna ====================================================== Navneet Bihari, aged about 43 years, Male Son of Sri Ram Sundra Prasad, Resident of Village- Parmanandpur P.S.- Katrisarai District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sachivalaya P.S. Case No. 13 of 2024 instituted for the offences punishable under Sections 467, 468, 471, 419 and 420 of the Indian Penal Code.

3. As per the allegation in the FIR, the accused persons created a forged website of Aayushman Bharat Scheme and providing service and used to elopse innocent job seeker and gave forged appointment letters to the innocent persons. It appears that the Bihar Health Protection Committee used to implement Aayush Bharat Scheme in the whole State and the National Health Commission, New Delhi also used to implement P.M. Aayush Bharat Yojna in the whole country. On

Patna High Court CR. MISC. No.37813 of 2024(3) dt.01-08-2024 2/3 10.01.2024, two persons namely Rishi Raj and Shashi Shekhar Sharma appeared in the office with the letter head of National Health Commission for giving their joining at the post of Lower Division Clerk. However, it is made clear that neither any vacancy was every declared by the State Health Committee nor any agency has been hired for such purpose and all these things appears to be false and fabricated.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case only on the basis of suspicion. He further submits that the name of the petitioner surfaced only on the basis of confessional statement of coaccused namely Raviranjan Kumar. Petitioner is not named in the FIR and the allegation against the petitioner is totally false and concocted. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 22.02.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, case diary, and also perused the impugned order dated 24.04.2024 passed by the learned Additional Sessions Judge-XII, Patna, it appears that during investigation the petitioner was found to have created a forged website of Aayushman Bharat Scheme and in the name

Patna High Court CR. MISC. No.37813 of 2024(3) dt.01-08-2024 3/3 of providing service he used to elopse innocent job seeker and gave forged appointment letters to him. From perusal of the case diary in para 29, the co-accused Ravinranjan Kumar has confessed his guilt and the involvement of the petitioner in the present case which is serious in nature.

7. Considering the facts and circumstances of the case, nature and gravity of offence, I am not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is hereby rejected.

9. However, the petitioner may renew his prayer for bail after one year from his custody.

(Ramesh Chand Malviya, J) Anand Kr.

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