Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85634 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== PRAVEEN TIWARI Son of Pawan Tiwary @ Pawan Kumar Tiwary Resident of Village - Kateyan, P.S.- Behea, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 467, 468, 471, 420, 120(B) of the Indian Penal Code.

Prosecution case, in short, is that a student Anshu Kumar Chaubey alleged that he alongwith other students took admission in B.D. College in I.S. Course for Sessions 2017 to 2019 on payment of total fee of Rs.8,000/-. However, when the students went to collect their admit cards for the examination, they were told that since their registration was not accepted by the Registration Board Office, the admit cards were not issued. On being asked as to why was it so, when they had paid the

Patna High Court CR. MISC. No.85634 of 2019(6) dt.05-04-2023 2/3 requisite fee, the accused persons including the petitioner abused them asking them to do what ever they could, as neither they would be given the admit cards nor their fee would be refunded and if ever they came their hands and legs would be broken. As a result, the informant alongwith other students was constrained to file the report with the police. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner happens to be the clerk of the college in question. The matter has already been settled between the parties vide Annexure-3 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XII, Bhojpur at Ara in connection with

Patna High Court CR. MISC. No.85634 of 2019(6) dt.05-04-2023 3/3 Behea P.S. case No.126/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T