Vinit Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40881 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== VINIT PANDEY son of Arun Pandey Village- Babhangawan Ps- Barhara Dist-Bhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Barahara P.S. Case No.- 118 of 2023 registered for the offences punishable under Section 420 of the Indian Penal Code. He has got no criminal antecedent.

3. Learned counsel for the petitioner submits that the informant alleged that he and his co-villager Bishnu Shankar Tiwari had given Rs. 26,000/- each to the petitioner for providing job as security guard. It is alleged that the certificates of safety management provided by the petitioner were found to be forged as a result of which the job was denied to them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner had deposited Rs.

Patna High Court CR. MISC. No.40881 of 2023(2) dt.28-07-2023 2/3 40,000/- in the account of one Institute namely Institute of Industrial Safety and Fire Management, Bhubaneswar (Odisha) on behalf of the informant and due to non-deposit of dues amount the certificates were withheld by the Institution itself.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the facts and circumstances of the case showing that there is dispute over payment of a sum of Rs. 52,000/- to the petitioner and the petitioner claims that he had deposited Rs. 40,000/- in the account of one Institute namely Institute of Industrial Safety and Fire Management, Bhubaneswar (Odisha) on behalf of the informant, the petitioner has otherwise no criminal antecedent, hence, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named shall be enlarged on bail in connection with Barahara P.S. Case No.- 118 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall

Patna High Court CR. MISC. No.40881 of 2023(2) dt.28-07-2023 3/3 verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) tusharika/- U T