Shyam Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1757 of 2022 Arising Out of PS. Case No.-106 Year-2019 Thana- AGRER District- Rohtas ====================================================== 1.

Shyam Bihari Singh Son Of Ramdarsh Singh Resident Of VillageChaukhanda Chitauli, P.S.- Sasaram, District- Rohtas (Earlier MukhiaSamardihan). 2.

Suresh Kumar Singh @ Suresh Singh Son Of Nathu Singh Resident Of Mohalla- New Area, P.S.- Sasaram Nagar, District- Rohtas (Retired Panchayat Sewak-Chenari).

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad For the Opposite Party/s :

Mr. Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2022 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that one Anju Kumari secured job as a teacher based on forged and fabricated certificates and the petitioners appointed her in breach of the rules.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case.

Patna High Court CR. MISC. No.1757 of 2022(2) dt.08-08-2022 2/3 The appointment of Anju Kumari was made in the Year 2005 and the present F.I.R. came to be instituted in the Year 2019 i.e. after nearly 14 years after her appointment and when the petitioner no.1 is no more the Mukhiya. It is next submitted that petitioner no.2 was not even posted in the panchayat where Anju Kumari was appointed. It is next submitted that as far as verification of the documents is concerned, the same is the duty of the B.E.O., the Mukhiya only has to accept joining based on the affidavit which the petitioner no.1 had done. The learned counsel next submits that Anju Kumari has been granted anticipatory bail by order dated 05.11.2020 in Cr. Misc. No.26569 of 2020.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Agrer P. S. Case

Patna High Court CR. MISC. No.1757 of 2022(2) dt.08-08-2022 3/3 No.106 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T