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Patna High CourtCR. MISC./62903/2023bail granted

Rajeev Ranjan v. The State Of Bihar

2023-10-16Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62903 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

Rajeev Ranjan son of Wakil Thakur Village- Kurha P.S.- Sahebpur Kamal Dist- Begusarai 2.

Aditya Kumar son of Sita Ram Mandal Village- Chhira P.S.- Chandramandi Dist- Jamui 3.

Sumit Kumar son of Mohan Das R/o- Mirzapur P.S.- Sabour DistBhagalpur 4.

Rakesh Kumar son of Ajit Prasad Mahto R/o- Aawamokhtarpur P.S.- Bhagalpur Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-10-2023 Heard Mr. Raj Kumar, learned counsel appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Kishanganj P.S. Case No. 179 of 2023, registered for the offences punishable under Sections 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. Allegedly, the petitioners have procured employment on the basis of fake certificate, as per the report of the Department of Revenue and Land Reforms, which resulted

Patna High Court CR. MISC. No.62903 of 2023(2) dt.16-10-2023 2/3 in the present FIR.

4. Learned counsel appearing on behalf of the petitioners submits that in fact the petitioners are themselves victim of circumstances, as they have procured the certificates from their respective institution, after pursuing their studies, but before the institution of the FIR and cancellation of their appointment, they have neither been allowed to place their cases nor any report has been asked from the concerned institutions. He next submitted that employment of the petitioners were made after proper verification of all the testimonial and, at that point of time, no objection has been raised. Moreover, the petitioners have already been punished appropriately, apart from termination of their services, the present FIR has been instituted. He lastly submits that the petitioners are men of fair antecedent and they undertakes that they will fully co-operate in the proceeding and in case any need arise, they would ensure their physical presence before the Investigating Officer.

5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the complicity of the petitioners cannot be denied as their certificates have been found forged and fabricated.

6. Regard being had to the submissions made on

Patna High Court CR. MISC. No.62903 of 2023(2) dt.16-10-2023 3/3 behalf of the parties and considering the fact that the petitioners services have already been dispensed with, coupled with the fair antecedent, let the petitioners above named be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 179 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 petitioners.

(Harish Kumar, J) shivank/- U T