Patna High CourtCR. MISC./52110/2021bail granted

Murlee Prasad v. The State Of Bihar

2022-04-01Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52110 of 2021 Arising Out of PS. Case No.-299 Year-2012 Thana- CHAPRA TOWN District- Saran ====================================================== Murlee Prasad Son Of Ram Jatan Prasad R/O Village- Pachuri, P.S.- Gahamar, Dist.- Gagipur (U.P.) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-04-2022 Heard counsel for the parties.

The petitioner is in judicial custody in connection with Chapra Town P.S. Case No. 299 of 2012 under sections 420, 467 and 468 of the Indian Penal Code.

The prosecution story, as per FIR, is that the petitioner joined as "Anusewak" on 2.5.2012 and received salary for four months. However, on verification, it was found that he entered into the service on the basis of forged documents. His services were terminated and the case in question was lodged against him.

Counsel for the petitioner submits that he was actually duped by the middlemen which led to his illegal entry into the service. He further submits that he being a native of neighbouring State i.e. Uttar Pradesh (Ghazipur), he was

Patna High Court CR. MISC. No.52110 of 2021(2) dt.01-04-2022 2/2 unaware of the lodging of the FIR against him. The moment he came to know about he case, he preferred Anticipatory Bail vide Cr. Misc. No. 33946 of 2020 which was rejected on 5.4.2021. With the help of para 11 of the bail application, he further submits that the petitioner is in custody since 1.7.2021. Charge-sheet already stands filed in the matter. The petitioner has remained in jail for nine months and as such the contention put forward by the counsel for the petitioner is accepted.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Town P.S. Case No. 299 of 2012.

(Rajiv Roy, J) Ravi/- U T