Ravi Shankar Chaudhary @ Rabi Shankar Chaudhary And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66549 of 2018 Arising Out of PS. Case No.-57 Year-2017 Thana- KARPI District- Jehanabad ======================================================

1. Ravi Shankar Chaudhary @ Rabi Shankar Chaudhary, Son of Rajdew Chaudhary, R/o Village - Khadasin, P.S.- Karpi (Sahar Telpa) Dist- Arwal.

2. Bhagwan Das, Son of Late Sukhdew Das, R/o Village- Kachnawa Batispur, P.S.- Makhdumpur, Dist- Jehanabad.

... ... Petitioners

Versus

1. The State Of Bihar.

2. The Police Inspector-cum-Enquiry Officer, Vigilance Bureau, Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr.Yogendra Kumar Dwivedi, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 409, 420, 419, 467, 468, 471 and 472/34 of the Indian Penal Code registered in connection with Karpi (Sahar Telpa) P.S. Case No. 57 of 2017.

3. It is submitted that the petitioners, who are Mukhiya and Panchayat Secretary, have been falsely implicated as they have not been named in the first information report. Their names have transpired in course of investigation. It is submitted that their case stands on better footing than co-accused Rani Kumari whose father's name was found different in the marks sheet of BETET as compared with the original marks sheet.

4. A perusal of the order dated 20.07.2017 passed in Cr. Misc. No. 24121 of 2017 granting anticipatory to the said Rani Kumari discloses that it was the petitioner no. 2 who had attested the photo copy of the mark sheet showing her father's name as Vijay Sharma in place of correct name Ram Das Singh. It has further been noted therein that her father's name Ram Das Singh has alias name

Patna High Court Cr.Misc. No.66549 of 2018(3) dt.15-02-2019 2/2 as Vijay Sharma.

5. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IV, Arwal in connection with Karpi (Sahar Telpa) P.S. Case No. 57 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/- (Vikash Jain, J) U T