Brajesh Kumar Choudhary @ Dhirendra Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.40659 of 2016 (3) dt.06-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40659 of 2016 Arising Out of PS.Case No. -56 Year- 2009 Thana -ISHOPUR District- BHAGALPUR ====================================================== Brajesh Kumar Choudhary @ Dhirendra Kumar Singh S/o Ramawatar Singh Resident of Village- Pabai, PS Amarpur, District Banka at Present Residing at Narayanpur, PS Sultanganj, District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate For the Opposite Party/s : Mr. U.L. Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 419/420 of the Indian Penal Code.

Learned counsel for the petitioner submits that he was appointed to the post of Health Vigilator vide letter No. 866-4 dated 02.08.2002. Since that time, the petitioner continued to work on the said post till 2008. Thereafter, the petitioner was removed from the service. The allegation against the petitioner is that he, on the basis of forged papers had got service in the name of Brajesh Kumar Choudhary whereas his name is Birendra Kumar Choudhary. It is on account of such allegation that the petitioner has already been removed from service. It is submitted that till

Patna High Court Cr.Misc. No.40659 of 2016 (3) dt.06-10-2016 date the charge sheet has not been submitted in the present case, but all of a sudden, the police started searching the petitioner and, therefore, he is apprehending his arrest.

Considering the nature of allegation made and that he has already been dismissed from service and there is no chance of tampering with any evidence, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, VIIIth, Bhagalpur in connection with Ishipur Barahat P.S. Case No. 56 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T