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Patna High CourtCR. MISC./63669/2022allowed

Mehdi Hassan @ Mehadi Hasan v. The State Of Bihar

2023-04-24Mr. Justice Sanjeev Prakash Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63669 of 2022 Arising Out of PS. Case No.-137 Year-2022 Thana- JANKINAGAR District- Purnia ====================================================== MEHDI HASSAN @ MEHADI HASAN Son of Ataul Rahma Resident of Belachand, Post- Mohania Chakla, P.S- Banmankhi, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Himanshu Shekhar, Advocate Mr. Jitender Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-04-2023 Heard both the parties.

2. The petitioner seeks bail in anticipation of his arrest in connection with Jankinagar P.S. Case No. 137 of 2022, dated 11.06.2022, instituted for the offences under Sections 420, 467, 468,471,120(B) of the I.P.C.

3. Learned APP for the State opposes the prayer for grant of bail.

4. The allegation against the petitioner is that he has submitted a fake certificate. Learned counsel submits that the forgery cannot be said to be attributed to the petitioner.

5. Taking into consideration the overall submissions, I am inclined to grant anticipatory bail to the petitioner, namely,

Patna High Court CR. MISC. No.63669 of 2022(2) dt.24-04-2023 2/3 Mehdi Hassan @ Mehadi Hasan and in the event of arrest, he shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are held as under:- (i) The petitioner shall cooperate with the investigation and make himself available for interrogation whenever required.

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer, (iii) The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; (iv) The petitioner shall maintain law and order; (v) The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; (vi) The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

Patna High Court CR. MISC. No.63669 of 2022(2) dt.24-04-2023 3/3 (vii) The petitioner shall regularly remain present during the trial and cooperate with the Hon'ble Court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 83 U