Adarsh Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50895 of 2023 Arising Out of PS. Case No.-978 Year-2022 Thana- SUPAUL District- Supaul ====================================================== 1.

Adarsh Raj Son of Shankar Prasad Singh Resident of village - Vishunpur Rajkhand, P.O. - Bidupur Bazar, P.s. - Bidupur, Distt. - Vaishali 2.

Ramnath Ray Son of Naresh Ray Resident of village - Alipur Mukund, P.O. - Hasanpur Bhadwas, P.s. - Mahua, Distt. - Vaishali 3.

Anamika Kumari @ Anamika Singh D/o Brajkishor Singh Resident of village - Amartola Karmopur, P.O. - Nawanagar, P.s. - Bidupur, Distt. - Vaishali 4.

Yashwant Kumar Son of Deo Nath Prasad Resident of ward no. 5, Village - Diwantok, P.O. - Ratanakar, P.s. - Ganga Bridge, Distt. - Vaishali 5.

Rajeev Kumar Son of Navin Kumar Thakur Resident of mohalla - Vivek Lane Marai Road, Pokhra, P.S. - Sadar Hajipur, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Nath Dubey, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Supaul P.S. Case No. 978 of 2022 dated 22.10.2022 instituted for the offence punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code.

3. The allegation against the petitioners are that they got appointed on the post of Special Survey Amin on the basis of forged and fabricated documents.

Patna High Court CR. MISC. No.50895 of 2023(2) dt.19-08-2023 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. Learned counsel for the petitioners submits that the petitioners were appointed on the post of Special Survey Amin and were terminated from the same without giving any notice. Learned counsel for the petitioner further submits that after due verification of the institution which was affiliated, the petitioners have got admission in the said institution and successfully passed in the examination and got valid certificate. It is further submitted that due to negligence on the part of the authority without properly verifying the certificate of the petitioners, the First Information Report has been lodged.

Learned counsel for the petitioners submits that at the time of appointment, all the relevant documents were verified by the authority but thereafter without giving any opportunity to the petitioners, the present F.I.R. has been lodged. Learned counsel for the petitioners further submits that similarly situated co-accused have been granted anticipatory bail vide order dated 20.07.2023 passed in Criminal Miscellaneous No. 26670 of 2023 and order dated 24.03.2023 passed in Criminal Miscellaneous No. 2426 of 2023, by different co-ordinate Bench of this Court.

Patna High Court CR. MISC. No.50895 of 2023(2) dt.19-08-2023 3/3 annexure-3 and 4. Lastly, it has been submitted that petitioners have no criminal antecedent against them.

5. Learned A.P.P. has opposed the prayer for anticipatory 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 Supaul P.S. Case No. 978 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 court of Chief Judicial Magistrate, Supaul subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U