Pappu Prasad @ Adwitiya Kumar Dinbandhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39541 of 2024 Arising Out of PS. Case No.-940 Year-2022 Thana- BIHAR District- Nalanda ====================================================== Pappu Prasad @ Adwitiya Kumar Dinbandhu Son of Late Bindeshwari Prasad R/O Vill.- Barnausa, P.S.- Silao, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan Prasad, Adv.

Mr. Vijay Prakash, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-09-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Bihar P.S. Case No. 940 of 2022 dated 03.12.2022, lodged under Sections 420, 467, 468, 471, 120(B), 196, 197, 198, 209, 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner against whom there is an allegation that petitioner and his son has produced forged and fabricated certificate of age before the Juvenile Justice Board with intent to take illegal advantage of being juvenile for petitioner's son.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.39541 of 2024(4) dt.27-09-2024 2/3 petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is a poor farmer and completely unaware about this case and unaware about the fact that from where his son has obtained certificate. Counsel submits that case diary has been called for and from the case diary, it transpires that the present petitioner has been made accused only on the basis of suspicion. Counsel further submits that the fake certificate is not of the petitioner, rather it is of his son.

5. Learned Counsel for the petitioner further submits that the criminal antecedent of the petitioner is clean.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner and his son have been made accused in this case and both are involved in the creation of forged certificates so that benefit should be obtained by the petitioner's son. Counsel further submits that the petitioner's son has already been arrested and remanded in this case on 27.03.2023.

7. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) with two sureties of the

Patna High Court CR. MISC. No.39541 of 2024(4) dt.27-09-2024 3/3 like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Nalanda at Bihar Sharif in connection with Bihar P.S. Case No. 940 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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