Sanjay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.123 of 2022 Arising Out of PS. Case No.-582 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== SANJAY KUMAR RAI Son of Late Baliram Rai Resident of VillageDahiyawan Tola, P.S.- Chapra Town, District- Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr. Binod KUmar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 420, 467, 468 and 120(B) of the Indian Penal Code, registered in connection with Chapra Town P.S.Case No. 582 of 2021.

As per allegation, Amarkant Prasad, who is stepbrother of the present petitioner Sanjay Kumar Rai, had sworn a false affidavit that no one in the family was gainfully employed in service and after furnishing false affidavit he was aspirant for appointment on compassionate ground in place of his deceased father.

The learned counsel for the petitioner has submitted that the present petitioner was employed in the Treasury Office and he had given only no objection on the affidavit filed by his step- brother. He has further submitted that the petitioner has

Patna High Court CR. MISC. No.123 of 2022(2) dt.01-08-2022 2/2 separated from his father in the year 2010, much before the death of his father. He has also submitted that the petitioner is a person of clean antecedent.

Considering the fact that co-accused Amarkant Prasad has applied for compassionate appointment by swearing a false affidavit and the petitioner is not deponent of that false affidavit and he is a person of clean antecedent, let him above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Town P.S.Case No. 582 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T