Umeshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40994 of 2020 Arising Out of PS. Case No.-604 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== Umeshwar Prasad S/o Sri Jugeshwar Prasad R/o village- Arma, P.S.- Kajra, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajan Ghoshrave, Advocate For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-10-2021 Heard Shri Rajan Ghoshrave, learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is seeking anticipatory bail in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 604 of 2020 bearing G.R. No. 2516 of 2020 dated 22.08.2020 instituted for the offences under Sections 420, 467, 468 and 471 of the Indian Penal Code.
Learned counsel for the petitioner, at the outset, submits that the petitioner is a person with clean antecedent and further submits that from bare perusal of the allegations as alleged in the F.I.R. it would manifest that the informant has alleged that four Ex-Linemen have obtained appointment on the basis of fake I.T.I. certificate in Power Supply Division Khagaria and accordingly, the informant was directed for
Patna High Court CR. MISC. No.40994 of 2020(3) dt.29-10-2021 2/3 lodging the present F.I.R.
The learned counsel for the petitioner submits that the petitioner was appointed on contractual basis on 15.04.2008 as Junior Lineman in the Power Supply Division, Khagaria and the services of the petitioner was regularised with effect from 01.04.2015 by the Bihar State Power Holding Company Limited. He further submits based on his pleading at paragraph '8' of his anticipatory bail application that certificate of the petitioner was found genuine by the Deputy General Managercum-Electrical Superintending Engineer of North Bihar Power Distribution Company Limited, Koshi Power Distribution Circle, Saharsa but the mark sheet of the petitioner is alleged to be forged and for which an explanation was called for from the petitioner vide letter dated 18.09.2019 to which the petitioner submitted his reply on 26.09.2019 as contained in annexure 3. The learned counsel for the petitioner further submits that the petitioner is still in service which prima facie demonstrates that the authority are not completely satisfied that the petitioner has committed any illegality.
Considering the facts and circumstances of the case in it's totality, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of
Patna High Court CR. MISC. No.40994 of 2020(3) dt.29-10-2021 3/3 ten weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 604 of 2020 bearing G.R. No. 2516 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T