Kulwant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51581 of 2024 Arising Out of PS. Case No.-401 Year-2023 Thana- BANKA District- Banka ====================================================== Kulwant Kumar S/o Siheshwar Mandal R/o Village Itwa, PS- Dharhara, Distt Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Adv.
Mr. Jyoti Ranjan Jha, Adv.
For the Opposite Party/s :
Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Banka P.S. Case No. 401 of 2023 dated 14.06.2023, instituted for the offence punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
3. Allegation against the petitioner is that he produced forged/fake certificate for getting employment as Special Survey Amin on contractual basis.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner has been terminated from service on 26.05.2023 vide letter dated
Patna High Court CR. MISC. No.51581 of 2024(2) dt.19-07-2024 2/3 30.05.2023 issued by Secretary Land Revenue Department. It is further submitted that other similarly situated persons, namely, Manish Kumar, Rakesh Kumar Sharma @ Rakesh Sharma and Abhinandan Kumar have been granted bail vide order dated 17.02.2024 passed in Criminal Miscellaneous No. 5412 of 2024 by this Court and another co-accused person, namely, Sohan Kumar has been granted bail vide Criminal Miscellaneous No. 14579 of 2024 by a Coordinate Bench of this Court. Another co-accused persons, namely, Rajlal Kunwar and Devendra Prasad Kunwar have also been granted bail vide Criminal Miscellaneous No. 19997 of 2024 by another Co-ordinate Bench of this Court. Lastly, it has been submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Banka P.S. Case No. 401 of 2023, he shall be released on
Patna High Court CR. MISC. No.51581 of 2024(2) dt.19-07-2024 3/3 anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T