Md. Asif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6939 of 2021 Arising Out of PS. Case No.-464 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== RAUSHAN KUMAR S/O RAMDARSH SHARMA Resident Of Village - Gorkhari, P. S. - Bikram, District - Patna.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 7638 of 2021 Arising Out of PS. Case No.-464 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== MD. ASIF SON OF MD. IDRISH RESIDENT OF MOHALLAH- HERMAIN GALI, NAYA TOLA, P.S.- PHULWARI SHARIEF, DISTRICTPATNA, BIHAR. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 6939 of 2021) For the Petitioner/s :

Mr.Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 7638 of 2021) For the Petitioner/s :

Mr. P.K. Shahi, Sr. Adv.

Mr.Ashutosh Singh, Adv.

Mr. Vidhan Chandra Pathak, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-03-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as Mr. Shailendra Kumar, learned APP for the State.

Patna High Court CR. MISC. No.6939 of 2021(6) dt.29-03-2022 2/3 The petitioners apprehend their arrest in connection with Phulwarisharif P.S. Case No. 464 of 2020, registered for the offences punishable under Sections 420, 406/34 of the Indian Penal Code. As per allegation, the petitioners became successful in obtaining the service of Storekeeper-cum-clerk in AIIMS, Patna after producing forged experience certificate. Learned counsels for the petitioners have submitted that the petitioners have succeeded in written competitive examination and their experience certificates as per allegation have been found forged but the agencies who issued the experience certificates have not mentioned that they maintain register in this respect and without quoting register these agencies have sent letters that they did not issue the certificates.

Learned counsels for the petitioners have also submitted that the petitioners are ready to furnish an affidavit that they will not claim their rights to job in AIIMS, Patna. On the other hand, the learned Addl.P.P., Mr. Shailendra Kumar, has submitted that for the post of Storekeeper one year experience certificate was necessary and both the petitioners have given forged and fabricated certificates.

Patna High Court CR. MISC. No.6939 of 2021(6) dt.29-03-2022 3/3 to claim their services in AIIMS Patna, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Judge-IX-cum-A.C.J.M., Patna in connection with Phulwarisharif P.S. Case No. 464 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. At the time of surrender before the court below the petitioners shall furnish the affidavit as stated above. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T