Nand Kishore v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55780 of 2023 Arising Out of PS. Case No.-335 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== Nand Kishore Son Of Sri Nagendra Sharma R/V Birla Colony C/26, PS. Phulwarisharif, Dist- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-09-2023 Heard Mr. Pushpendra Kumar Singh, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Shastri Nagar P.S. Case No. 335 of 2023, registered for the offences punishable under Sections 417, 418, 419, 420, 467, 468, 120(B) of the Indian Penal Code.
3. Allegedly the petitioner on the basis of forged experience certificate obtained a tender in his favour and has also procured work orders, however, in course of verification it has been found that the experience certificate submitted by the petitioner is forged resulting into institution of the FIR as well as issuance of show cause notice.
4. It is submitted on behalf of the petitioner that show
Patna High Court CR. MISC. No.55780 of 2023(3) dt.20-09-2023 2/3 cause notice to the petitioner was assailed before this Court in CWJC No. 14260 of 2022 and the Division Bench of this Court after having found certain infirmities has been pleased to quash the impugned notice vide order dated 24.01.2023, copy of which has been brought on record by way of annexure-p-4. He further refuted the contention of the Department, and submits that the certificate which is allegedly said to be forged has never been submitted by the petitioner. He next submitted that in fact in order to give undue weightage to another contractor, the present FIR has been instituted by making a frivolous allegation. He lastly submitted that the petitioner is a reputed contractor having fair antecedent and he undertakes that he will fully cooperate in the investigation or in the proceeding of the court.
5. On the other hand, learned counsel for the State opposes the bail application and submits that the petitioner has been found involve in procuring tender by submitting the forged document.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the notice issued by the Department has been quashed by the Division Bench of this Court and the entire case is based on documentary evidence, coupled with his fair antecedent and undertaking that
Patna High Court CR. MISC. No.55780 of 2023(3) dt.20-09-2023 3/3 he will fully cooperate in the investigation and in case his presence would be required during course of investigation, he would ensure his physical presence before the Enquiring Officer, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIX, Patna in connection with Shstri Nagar P.S. Case No. 335 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Anjani/- U T