Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37435 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== Prakash Kumar Son of Baban Prasad Yadav, R/o Village- Thatiya, P.S.- Kathaiya In The District of Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar, Adv.

For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-09-2022 Learned counsel for the petitioner submits that due to inadvertence in paragraph no.13 period of custody has wrongly been typed as 24.02.2021 instead of 24.02.2022 and seeks permission to correct the same.

Permission granted.

Learned counsel for the petitioner is directed to correct the same in course of the day.

Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Motihari P.S. Case No. 73 of 2022, lodged under Sections 467, 468, 469, 471, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.37435 of 2022(2) dt.22-09-2022 2/3 As per the prosecution case, the allegation of preparation of forge and fabricated Aadhar Card against the 3 persons including the petitioner, petitioner was apprehended from the place of occurrence and recovery has been made from his possession. Police has recovered a Mobile and a plastic bag in which Aadhar card of different persons have been recovered. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner was present in a shop where Aadhar card used to printout and laminated, the shop does not belongs to petitioner. He further submits that petitioner is a man of clean antecedent and is in custody since 24.02.2022 and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present, but liberty is hereby granted to the petitioner that he may move for bail before the Trial Court after framing of charge.

The Trial Court is directed to release him on bail after framing of charge in this case imposing its own conditions so

Patna High Court CR. MISC. No.37435 of 2022(2) dt.22-09-2022 3/3 that hay may not evade his appearance from trial. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ritik/- U T