Sudhir Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59546 of 2023 Arising Out of PS. Case No.-109 Year-2015 Thana- SUPAUL District- Supaul ====================================================== Sudhir Kumar Thakur Son Of Parmanand Thakur Resident Of Village - Khaira, Garihia, P.S. - Sour Bazar, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Supaul P.S. Case No. 109 of 2015 dated 11.03.2015, instituted for the offence punishable under Sections 467, 468, 469, 471, 120(B)/34 of the Indian Penal Code.

3. The prosecution case, in short, is that petitioner and others had applied for appointment as Panchayat Teacher on the basis of false claim that they have qualified Bihar Elementary Teachers Eligibility Test. Subsequently, their claims were found false.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner was not appointed on

Patna High Court CR. MISC. No.59546 of 2023(4) dt.22-11-2024 2/2 the basis of his false claim. It is further submitted that non grant of bail will jeopardize the future carrier of the petitioner. It is further stated that similarly situated co-accused persons have been granted bail vide order dated 03.02.2016 and 28.09.2015 passed by different Co-ordinate Benches of this Court in Criminal Miscellaneous No. 48660 of 2015 and Criminal Miscellaneous No. 38670 of 2015. Lastly, it has been submitted that petitioner has no criminal antecedents.

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 Supaul P.S. Case No. 109 of 2015, he/they shall be released on 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., Supaul, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) sankalp/- U T