Madan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50610 of 2025 Arising Out of PS. Case No.-488 Year-2012 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Madan Prasad Son of Vanshraj Prajapati, Resident of village - Karahiyan, Police Station - Gahmar, District - Gajipur (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Muzaffarpur Town P.S.Case No.488 of 2012 corresponding to GR No.3686 of 2012 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code .

3. As per the allegation made in the FIR, the petitioner had joined on the post of Peon on 01.06.2012 on the basis of a fabricated appointment letter.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner had performed his duty and for non-payment of his salary for thee months, he has been made accused on the ground that the very appointment letter of

Patna High Court CR. MISC. No.50610 of 2025(2) dt.12-08-2025 2/3 the petitioner has been cancelled, which was allegedly obtained on the basis of forged documents. Till date, the charge-sheet has not been submitted. There was no apprehension of his arrest as the petitioner has stopped working for non-payment of the due salary.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that the FIR has been lodged in the year, 2012 but till date, the charge-sheet has not been submitted. There was no apprehension of his arrest. The petitioner is not solely responsible for such illegal act, as such, the petitioner has prima facie made out a case to be released on pre-arrest bail.

7. The petitioner is directed to be released on prearrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur/concerned court, in connection with Muzaffarpur Town P.S.Case No.488 of 2012 corresponding to GR No.3686 of 2012, subject to conditions as laid down under

Patna High Court CR. MISC. No.50610 of 2025(2) dt.12-08-2025 3/3 Section 482(2) of BNSS of 2023

8. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U