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Patna High CourtCR. MISC./37858/2022allowed

Anil Kumar Sriwastava v. The State Of Bihar

2022-11-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37858 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- PANCHRUKHI District- Siwan ====================================================== ANIL KUMAR SRIWASTAVA S/O LATE SURESH PRASAD Resident of Village- Mairwa Dham, P.S.- Mairwa, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Rai For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 467, 468, 471, 406 and 420 of the Indian Penal Code.

Allegation against the petitioner is of cheating, making forged documents and tempering with government documents.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the application of aggrieved party and report of investigation has not been annexed with the F.I.R. He further submits that none of the sections of Indian Penal Code is applied against the petitioner as alleged in the F.I.R. He submits

Patna High Court CR. MISC. No.37858 of 2022(3) dt.10-11-2022 2/2 that while rejecting the prayer of anticipatory bail to the petitioner the learned Sessions Judge committed an error of record that petitioner is identifier instead of deed scriber. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Panchrukhi P.S. Case No. 10 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T