Siddhnath Pandey @ Siddh Nath Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67783 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- BIBIGANJ District- Kishanganj ====================================================== SIDDHNATH PANDEY @ SIDDH NATH PANDEY S/O Shri Onkar Nath Pandey R/O Village- Sirpu, Tola (Bhelaguri), P.O- Bibiganj, P.S- Bibiganj, District- Kishanganj (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Mishra, Advocate.

Mr. Alok Abhinav, Advocate.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-03-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Bibiganj P. S. Case No. 07 of 2022 registered for the offences punishable under Sections 409 & 420 of the Indian Penal Code. As per the prosecution case, the petitioner is alleged to have demanded illegal money from the students of that school for providing of mark-sheets and other certificates. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. No such

Patna High Court CR. MISC. No.67783 of 2022(4) dt.02-03-2023 2/2 occurrence as alleged has ever taken place. The petitioner has been dragged in this case on mere suspicion. Most of the students have not made such type of allegations against the petitioner that they have given any money to procure mark-sheets and certificate. Learned counsel further has submitted that no case is made out against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Kishanganj in connection with Bibiganj P. S. Case No. 07 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T