Vivek Kumar Vidyarthi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8521 of 2017 Arising Out of PS.Case No. -100 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================
1. Kundan Kumar, Son of Binesh Kumar, Resident of VillageShrichandpur, P.S.- Harnaut, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. G.M, Madhya Bihar Gramin Bank Patna.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.3117 of 2017 Arising Out of PS.Case No. -100 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================
1. Vivek Kumar Vidyarthi, Son of Binay Kumar, Resident of VillageSarvoday Nagar, P.S.- Deep Nagar, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Madhya Bihar Gramin Bank Regional Officer, Informant of Nagar Nigam Biharsharif Nalanda.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.3841 of 2017 Arising Out of PS.Case No. -100 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================
1. Suraj Kumar Rajak, Son of Sachidanand Prasad Rajak, Resident of Village- Ashanagar, P.S.- Sohsarai, Distt.- Nalanda at Biharsharif. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Madhya Bihar Gramin Regional Office Infornant of Nagar Nigam, Biharsharif Nalanda.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.8521 of 2017) For the Petitioner/s : Mr. Kalpana For the Opposite Party/s : Mr. Sri Harendra Prasad
(In Cr.Misc. No.3117 of 2017) For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh (In Cr.Misc. No.3841 of 2017) For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-04-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bihar Police Station Case No. 100 of 2015, disclosing offences under Sections 420, 467, 468, 471/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that these petitioners, who are of clean antecedent, have falsely been made accused in the case. The petitioners have not committed any offence. Neither the petitioners have got employment nor they have occurred any loss to the informantBank. In fact, all the academic documents of the petitioners are genuine and no forged documents have been produced by them to the Bank. The mere allegation against the petitioners is that they by impersonating other persons, appeared in the competitive examination for obtaining employment. It is further submitted that the High Court in similar types of several cases has already taken lenient view and granted the privilege of
anticipatory bail to the similarly situated accused. Hence, the petitioners may be granted the privilege of anticipatory bail. Learned counsel appearing for the Bank has vehemently opposed the prayer for bail and submitted that the petitioners have produced forged documents for obtaining the employment in the Bank. The signature and photographs of the documents do not match with the identity of these petitioners, therefore, they do not deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar Police Station Case No. 100 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) Brajesh/- U T