Prof. Khelafat Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65736 of 2023 Arising Out of PS. Case No.-736 Year-2022 Thana- RAMPUR District- Gaya ====================================================== PROF. KHELAFAT HUSSAIN son of Neazmuddin Village- Aliganj PsChandauti Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brisketu Sharan Pandey For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-03-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 469 and 471 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that from perusal of the office report dated 18.03.2024, it would manifest that the same records that ordinary post notice has been received by office bearer on his behalf as reported by process server. It is next submitted that the notice has been received by an office bearer on behalf of the O.P. No. 2.

4. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, the notice is deemed to have been validly served.

Patna High Court CR. MISC. No.65736 of 2023(4) dt.20-03-2024 2/3

5. Learned counsel for the petitioner next submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that the informant despite receiving notice chooses not to contest which further demonstrates the falsity of the allegation. It is further submitted that in sum and substance, the allegation against the petitioner is that he created forged document to declare himself as Chairman of the college and also got the same published in a newspaper and the same was done solely with a view to disturb the atmosphere of the college. The learned counsel next submits that petitioner is the validly elected chairman of the Governing Body of Mirza Galib College, Gaya. It is next submitted that this perhaps explains why the O.P. No. 2 despite receiving notice chooses not to appear.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.65736 of 2023(4) dt.20-03-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rampur P.S. Case No. 736 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T