Payal Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53017 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
Payal Kumari, Daughter of Ranjit Singh, Resident of Village- Kharuara, P.O.- Chero, P.S.- Harnaut, Distt- Nalanda 2.
Amit Kumar Singh, Son of Shree Ram Singh, Resident of Village- Awali, P.O.- Methwaliya, P.S.- Rewalganj, Distt- Saran 3.
Manish Kumar Singh, Son of Shree Ram Singh, Resident of Village- Awali, P.O.- Methwaliya, P.S.- Rewalganj, Distt- Saran ... ... 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 19-08-2023 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Lakhisarai P.S. Case No. 105 of 2023 registered for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.
3. As per the prosecution case, the petitioners are alleged to have been appointed on the post of Special Survey Amin on the basis of forged documents.
4. Learned counsel appearing on behalf of the petitioners submits that in fact the petitioners were appointed on
Patna High Court CR. MISC. No.53017 of 2023(2) dt.19-08-2023 2/3 the post of Special Survey Amin in the year 2020, after proper verification of their documents and at that point of time, no complaint whatsoever has been made. He further submits that in fact, the petitioners are victim of the circumstances and they themselves cheated by the institution from where the certificates, which are alleged to be fake, have been issued. He further submits that other co-accused persons, having identical allegations, have been allowed the privilege of anticipatory bail by the learned coordinate Benches of this Court in Cr. Misc. No. 26368 of 2022 vide order dated 20.09.2022 and in Cr. Misc. No. 35470 of 2022 vide order dated 29.11.2022. He next submits that the petitioners are persons of fair antecedent and they undertake that they will fully cooperate in the investigation and in case need arise, they would have remained physically present before the investigating officer for proper assistance.
5. On the other hand, learned APP for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioners have already been dismissed from their services and the other co-accused persons, having identical allegation, have been allowed the privilege of anticipatory bail, coupled with their fair
Patna High Court CR. MISC. No.53017 of 2023(2) dt.19-08-2023 3/3 antecedent, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each 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. 105 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one one the bailors shall be the own/close relative of the petitioners. (Harish Kumar, J) uday/- U T