Nilesh Kumar @ Nalesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57827 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Nilesh Kumar @ Nalesh Kumar S/O Baidyanath Singh @ Baidnath Singh R/O Village - Ismailpur, P.S.- Sadar Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Lakhisarai P.S. Case No. 106 of 2023, registered on 15.02.2023 for the offences under Sections 420, 467, 468, 471 of the Indian Penal Code.

3. As per prosecution case, the petitioner used forged certificate for getting employment as Surveyor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner neither joined the job nor worked for a single day nor he has drawn any salary. The petitioner did not make any manipulation in the certificate and has not

Patna High Court CR. MISC. No.57827 of 2023(2) dt.22-09-2023 2/3 participated in any manner in the alleged offence. Co-accused persons with similar allegation, who were appointed and discharged their duties, have been granted anticipatory bail by a Co-ordinate Bench vide order dated 23.08.2023 passed in Cr. Misc. No. 52605 of 2023. Petitioner has got no criminal antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the grant of anticipatory bail to similarly situated co-accused persons and the case of the petitioner being on lessor footing, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai/concerned court in connection with Lakhisarai P.S. Case No. 106 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative

Patna High Court CR. MISC. No.57827 of 2023(2) dt.22-09-2023 3/3 of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) DKS/- U T