Haridwar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68500 of 2023 Arising Out of PS. Case No.-280 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== HARIDWAR SHARMA son of Late Kamta Sharma Village- Bakhorapur PsBarhara Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Ghosarvey, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Barhara P.S. Case No.280/2022, registered for the offence punishable u/s 420, 467, 468 and 469 of the IPC. 3.

Allegedly, pursuant to the letter of Superintendent of Police, Bhojpur, F.I.R. was directed to be lodged against the consumer and retailer who had given mobile connection within the Barhara P.S. jurisdiction. In view of the attached list, the petitioner is said to have received SIM using forged documents. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. Petitioner is working on the post of ASI, Special

Patna High Court CR. MISC. No.68500 of 2023(3) dt.25-01-2024 2/2 Branch, Patna and he has submitted genuine documents while purchasing the said SIM and he is a bona fide purchaser. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that from the case diary, it is evident that the petitioner has purchased the SIM on forged documents. 6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T