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Patna High CourtCR. MISC./55021/2021allowed

Praveen Kumar v. The State Of Bihar

2022-06-28Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55021 of 2021 Arising Out of PS. Case No.-409 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

PRAVEEN KUMAR S/o BALESHWAR SINGH R/o VILLAGEBICHCHAKOL, P.S-SILAO (SILOW), DISTRICT-NALANDA. 2.

KAMLESH KUMAR S/o LATE RAM LAKHAN PRASAD R/o VILLAGE-TILAIYA, P.S-CHHABILAPUR, DISTRICT-NALANDA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2022 Heard learned counsel for the petitioners and learned Addtional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under sections 420, 467, 468, 471, 120(B), 34 of the Indian Penal Code. The allegation against the petitioners is that they have

Patna High Court CR. MISC. No.55021 of 2021(2) dt.28-06-2022 2/3 taken appointment on the post of G.N.M. on the basis of forged certificates.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that petitioners were terminated from the services by the concerned department with a direction to recover the said amount. The petitioners have got no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the petitioners have been terminated from their services with a direction to return the amount paid to them during their service tenure, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is

Patna High Court CR. MISC. No.55021 of 2021(2) dt.28-06-2022 3/3 pending/Successor Court in connection with Nagar(Town) (East Champaran) P.S. Case No. 409/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/-shikha/- U T