Pramod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38837 of 2022 Arising Out of PS. Case No.-269 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Pramod Sah Son Of Dhruv Sah Resident Of Village - Sihorwa, Karwariya, P.S.- Kotwa, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 419, 467, 468, 471, 120(b)/34 of the Indian Penal Code. As per the allegation in F.I.R., the petitioner had produced forged certificate and someone else have appeared in the physical fitness test on his behalf for seeking the job of Home Guard.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case on account of misconception of the fact.

Patna High Court CR. MISC. No.38837 of 2022(2) dt.07-12-2022 2/3 It is also submitted that the petitioner has not given any undertaking on the relevant date rather it bears a forged signature made by the accused apprehended on the spot. It is further submitted that petitioner though made application in the month of December 2009 for the post of Home Guard, which kept pending for more than 11 years, in the meanwhile the petitioner contested the panchayat election in year 2021, and having been elected on the post of ward councilor and hence he was not interested to be selected as Homeguard. Therefore, he himself abstained from participation in the physical test. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with

Patna High Court CR. MISC. No.38837 of 2022(2) dt.07-12-2022 3/3 Town (Motihari) P.S. Case No. 269 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T