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Patna High CourtCR. MISC./44617/2022allowed

Ramaswami Pandey v. The State Of Bihar

2022-12-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44617 of 2022 Arising Out of PS. Case No.-117 Year-2021 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Ramaswami Pandey Son Of Late Jaigovind Pandey R/O Village- Narayanpur, P.S.- Dihia, District- Bhojpur, Sub Inspector, Cheria Bariyarpur, P.S.- Cheriabariyarpur, District- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Cheria Bariyarpur P.S. Case no. 117 of 2021 instituted for the offence under Sections 465, 468, 120B, 34 of the Indian Penal Code.

It is a case of submitting the forged Covid-19 report of one Baleshwer Singh.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. A Statement has been made in para 3 of the petition that the petitioner has got no criminal antecedent. He has falsely

Patna High Court CR. MISC. No.44617 of 2022(2) dt.13-12-2022 2/3 been implicated in this case. It is further submitted vide para 11 of the petition that on the basis of inquiry the present case has been lodged against In-charge Medical Officer, PHC, Cheria Bariyarpur and other staff and several staffs have given confessional statement that making a false corona positive report. It is further submitted that the petitioner is not named in FIR nor in course of investigation any material found against him. Similarly situated co-accused namely, Bhola Mahto has already been granted anticipatory bail by this court vide order dated 14.7.2022 in Cr. Misc. No. 65240 of 2021. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Cheria Bariyarpur P.S. Case no. 117 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Manjhaul, Begusarai subject to the conditions as laid down under section

Patna High Court CR. MISC. No.44617 of 2022(2) dt.13-12-2022 3/3 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T