Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52605 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
Prince Kumar Son of Sri Shambhunath Singh Resident of village - Thahra, P.s. - Maker, distt. - Saran 2.
Amit Kumar Sharma Son of Shree Prithvinath Sharma Resident of village - Baliya, P.S. - Rasulpur, Distt. - Saran 3.
Raju Kumar Son of Shri Godami Thakur Resident of village - Vishanpur, P.O. - Amba, P.S. - Jharokhpur, Distt. - East Champaran ... ... 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, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-08-2023 Heard Mr. Ravindra Nath Dubey, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Lakhisarai P.S. Case No. 106 of 2023 registered for the offence punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.
3. It is alleged that as per the prosecution case, the petitioners are alleged to have appointed on the post of Special Survey Amins on the basis of forged certificate/documents.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.52605 of 2023(2) dt.23-08-2023 2/3 petitioner submits that in fact the petitioners were appointed after proper verification of the certificates and at that point of time no discrepancies, whatsoever, has been found. Later on, a further verification was made and without issuing any showcause notice or any opportunity of hearing, the petitioners have been removed from their services and the direction has been given for institution of the F.I.R. He further submits that now the petitioners have already appropriately punished as they have been terminated from their services. Moreover, other co-accused persons having identical allegation, they have been allowed to have the privilege of bail by this Court in Cr. Misc. No. 53017 of 2023 vide order dated 19.08.2023. He lastly submits that the petitioners are men of fair antecedent and they undertake that they will fully co-operate in the investigation and in case any need arise they will remain physically present before the Investigating Officer for proper assistance.
5. On the other hand, learned APP for the State vehemently opposes the pre-arrest bail application of the petitioner.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioners have already been disengaged from their services and other co-
Patna High Court CR. MISC. No.52605 of 2023(2) dt.23-08-2023 3/3 accused persons have been allowed the privilege of anticipatory bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No. 106 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) Aditi U T