Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60758 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== AKHILESH KUMAR Son of Late Ramchandra Kumar R/O Mohalla- Chhota Bariyarpur, Ward No- 38, Motihari, P.S- Chhatauni, District- East Champaran, At present posted as correspondence clerk in the office of Assistant Engineer, Minor Irrigation, Sub-Division, Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma,Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Motihari Town P.S. FIR No. 161 of 2022 for the offence registered under Sections 420, 467, 468, 471 and 120-B/34 of the Indian Penal Code.

As per the prosecution story, it has been alleged that the revision pension document of Triveni Prasad Verma was sent to the District Accounts Officer, East Champaran, Motihari for verification and was found to be suspicious by the Accountant General, Bihar. On query, it was found that the verification and dispatch number are forged and fabricated. Accordingly, the FIR

Patna High Court CR. MISC. No.60758 of 2022(2) dt.30-01-2023 2/3 against the accused persons including the petitioner herein, who was correspondence Clerk (Custodian of the concerned record). Learned counsel for the petitioner submits that for same set of allegation, departmental proceeding was also conducted in which the conducting officer came to the conclusion that so far as this petitioner is concerned, no such role against him could be found. The further submission is that the petitioner do not have criminal antecedent and will be abiding by all the terms and conditions, if granted the privilege of anticipatory bail.

Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

Taking into account the fact that he has been exonerated in the departmental proceeding, do not have criminal antecedent and will be ultimately facing the trial, this Court is inclined to grant him privilege of anticipatory bail subject to certain conditions.

Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court CR. MISC. No.60758 of 2022(2) dt.30-01-2023 3/3 Magistrate, East Champarn at Motihari in connection with Motihari Town P.S. Case No. 161 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C with following conditions:

(i) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(ii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bond;

(iii) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/Neha/- U T