Alok Kumar v. The State Of Bihar Through The Vigilance Investigation Bureau, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55623 of 2021 Arising Out of PS. Case No.-420 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== ALOK KUMAR, S/O Ram Binay Singh Resident of Village - Basan Bigha, P.S. - Daudnagar, District - Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar through the Vigilance Investigation Bureau, Bihar, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Advocate Mr. Ashok Kumar No.6 For the Opposite Party/s :

Mr. Arvind Kumar, Special P.P., Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-06-2022 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail, apprehending his arrest, in connection with Daudnagar P. S. Case No. 420 of 2021, registered for the offences punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code. As per the allegation, the petitioner has used fake

2/4 document for the purpose of securing appointment as Panchayat Teacher.

The learned counsel for the petitioner submits that there is no chance that the petitioner shall flee away from the course of investigation or trial and in view of nature of accusation, no tangible purpose will be served by taking the petitioner into custody. Apart from this, it is submitted on behalf of the petitioner that several other persons with similar allegation have been granted bail by different Benches of this Court, one of which vide order dated 06.07.2017, passed in Cr. Misc. No. 25290 of 2017. It is also stated in paragraph no. 2 of the petition that no similar petition has been earlier filed by the petitioner either before this Court or before the Hon'ble Apex Court. It has further been stated that the petitioner has no criminal antecedent.

However, the learned APP for the State has opposed the prayer for bail.

Considering the afore-stated facts and circumstances, the petitioner, above-named, is directed to be

3/4 released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. S.D.J.M., Daudnagar, District - Aurangabad, in connection with Daudnagar P. S. Case No. 420 of 2021, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.

The application stands allowed accordingly.

4/4 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U