Annu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45721 of 2021 Arising Out of PS. Case No.-739 Year-2019 Thana- SUPAUL District- Supaul ====================================================== 1.

Annu Kumar S/O VIJAY PRASAD GUPTA R/o village and Post- Saraigarh, P.S.- Kishanpur, under Block Saraigarh, Distt.- Supaul 2.

Mahesh Kumar S/o Tetar Yadav R/o village- Hanuman Nagar, Post Basantpur, P.S.- Birpur, Block Basantpur, Distt.- Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Surendra Mohan, Advocate.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-03-2022 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. for the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioners seek regular bail in connection with Supaul P.S. Case No. 739 of 2019 for the offence punishable under Sections 420, 467, 471 and 120B of the Indian Penal Code.

The prosecution case, in brief, is that the petitioners for being appointed on the post of Accountant at District Panchayati Raj Office, Supaul had applied along with

Patna High Court CR. MISC. No.45721 of 2021(3) dt.22-03-2022 2/3 testimonials. Upon verification of the certificates, it was found that the certificates of the petitioners and other applicants are forged which led to lodging of the present F.I.R. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and they have falsely been implicated in this case. He further submits that petitioners have not been appointed on the basis of the certificates which has been found to be forged and in this regard, two verifications were made from the concerned University. Similarly situated other co-accused have already been released on anticipatory bail. He further submits that no proper verification of the certificates has been made so far as the case of the petitioners is concerned. Petitioners are in custody since 20.06.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, without going into the merits of the case and taking into consideration the fact that the petitioners have not taken any monetary benefit during the process of selection, the petitioners, above named, are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.45721 of 2021(3) dt.22-03-2022 3/3 each to the satisfaction of the learned CJM, Supaul in connection with Supaul P.S. Case No. 739 of 2019, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(4) If the petitioners are found involved in similar nature of offence, after their release on bail, the trial Court shall take steps to cancel their bail bonds.

(Purnendu Singh, J) mantreshwar/- U T