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Patna High CourtCR. MISC./48367/2023dismissed

Niranjan Kumar v. The State Of Bihar

2023-08-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48367 of 2023 Arising Out of PS. Case No.-368 Year-2022 Thana- PARAIYA District- Gaya ====================================================== NIRANJAN KUMAR SON OF SRI BUGAN YADAV R/O VILLAGEPUNAKALA, P.S.- PARAIYA, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 465, 468 and 411 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, On the direction of D.E.O Gaya, inquiry was conducted in the light of order of High Court passed in Cr. Revision No. 644 of 2021. During course of inquiry it was found that petitioner had got himself enrolled in the Middle School, Aurwa in collusion with his father and other persons. On the basis of certificate issued by the said school, the petitioner managed to got himself declared as Juvenile by the JJB, Gaya

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.48367 of 2023(2) dt.24-08-2023 2/2 petitioner is innocent and has been falsely implicated in this case. He further submits that the transfer certificate which which has been issued by the Middle School, Aurawa, Gaya and the admission was done after proper verification of the certificate. He submits that only on suspicion without any proper verification and enquiry the petitioner has been made implicated in this case. He further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

6. Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Paraiya P.S. Case No. 368/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

(Anjani Kumar Sharan, J) ajay/- U T