Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53897 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
Mukesh Kumar Son of Abhay Kumar Resident of Vill- Rikaoganj, Main Road, P.S.- Tekari, District- Gaya 2.
Mirtunjay Kumar Son of Maheshwar Prasad Singh Resident of Rikabganj Near Masjid, P.S.- Tikari, District- Gaya.
3.
Santosh Kumar Son of Nandlal Prasad Resident of Vill- Goh Road, Panchanpur, P.S.- Tikari, District- Gaya 4.
Santosh Kumar Son of Sitaram Das Resident of Vill- Nawdbal Moghalpura, P.S.- Patna City, Dsitrict- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rupesh Kumar, Adv.
For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Lakhisarai P.S. Case No. 107 of 2023 dated 15.02.2023, instituted for the offence punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.
3. The allegation against the petitioners is that the petitioners secured appointment as a Special Survey Amin on the basis of forged certificates.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.53897 of 2024(2) dt.28-08-2024 2/3 petitioners are innocent and they have been falsely implicated in this case. It is submitted that after verification the certificate issued by the C.M.J. University, Meghalaya was found to be correct and genuine and their degrees have been awarded under Section 22 of U.G.C. Act, 1956. A detailed report with the petitioners' name and others have been annexed as AnnexureP2. It is submitted that the petitioners have been terminated from the post of Special Survey Amin vide Memo No. 4700 dated 22.12.2022. It is submitted that the petitioners have submitted their certificates, marksheets and Migration to show that they are genuine candidates and have done their courses from the said university. It is also submitted that petitioners have also challenged the notification of termination issued vide Memo No. 4770 dated 22.12.2022 by filing C.W.J.C. No. 8049 of 2023 which is pending for adjudication. Lastly, it has been submitted that they have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
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 petitioners within a period of six weeks from today, in connection with Lakhisarai P.S.
Patna High Court CR. MISC. No.53897 of 2024(2) dt.28-08-2024 3/3 Case No. 107 of 2022, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T