Sudhir Kumar v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20625 of 2018 Arising Out of PS.Case No. -958 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Sudhir Kumar, Son of Ram Dev Mandal, resident of Village- Kushmaha, P.S.- Barahat, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar Through Vigilance .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Atul Kumar For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Banka P.S.Case No.958 of 2016 registered for offences punishable under Sections 420, 467, 468, 471, 1120(b) and 34 of the Indian Penal Code.

Allegation against the petitioner is of obtaining service on the basis of forged certificate.

Submission of the learned counsel for the petitioner is that the petitioner has been made accused without proper verification of the certificate and he is ready to abide by any condition imposed upon him and co-operate in the investigation, if he is granted anticipatory bail. Other co-accused persons have been granted privilege of the anticipatory bail, vide order dated

Patna High Court Cr.Misc. No.20625 of 2018 (2) dt.26-04-2018 2/2 1.7.2017 passed in Cr. Misc. No.24723 of 2017 and order dated 19.8.2017 passed in Cr. Misc. No.37263 of 2017. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and on his surrender he will be released on provisional bail till the submission of the charge-sheet and it is needless to say that the petitioner has to co-operate in the investigation of the case, otherwise his bail bond shall be cancelled and further it is also made clear that once the chargesheet is submitted and the case is found true against this petitioner, he will surrender before the learned court below and make prayer for regular bail, which will be considered on its own merit on the basis of materials available on the record at that time. With the aforesaid direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T