Akhilesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71778 of 2023 Arising Out of PS. Case No.-598 Year-2022 Thana- BHORE District- Gopalganj ====================================================== Akhilesh Kumar Singh Son Of Ramchandra Prasad Resident Of VillageJagdish Bantariya, P.S- Bhore, Distt- Gopalganj At Present Resident Of Mohalla- Arya Nagar, Ward No. 21, P.S- Gopalganj Town, Distt- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-03-2024 Heard Mr. Setu Prateek, learned counsel for the petitioner and Mr. Sanjay Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Bhore P.S. Case No. 598 of 2022, F.I.R. dated 16.12.2022 registered for the offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code.

3. Allegation against the petitioner is that he produced a false and forged Fire Audit Inquiry Certificate before the competent authority.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case and the petitioner is a Principal of Kalka Public School and as per allegation in the F.I.R. that

Patna High Court CR. MISC. No.71778 of 2023(3) dt.07-03-2024 2/3 during the audit report of the fire audit certificate the petitioner has produced a false fire audit certificate before the competent authority. Learned counsel for the petitioner further submtis that he has received the fire audit certificate from a mobile number holder of 8709467359 and the same was produced before the fire brigade department and on enquiry it was found that the said certificate is false certificate. Learned counsel for the petitioner further submits that the petitioner has no concern at all with the present occurrence and he has not issued the certificate in question and he has only produced the fire audit certificate which he has received from the other person.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Bhore P.S. Case No. 598 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.71778 of 2023(3) dt.07-03-2024 3/3 Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T