Pankaj Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70788 of 2024 Arising Out of PS. Case No.-35 Year-2022 Thana- ALOULI District- Khagaria ====================================================== Faruk Abdulla @ Md. Faruque Abdulla @ Farque Abdullah Son of Mohammad Sahab Raja Resident of Hanuman Ganj, Katalpur, P.S.- Masrak, Distt.- Saran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 73559 of 2024 Arising Out of PS. Case No.-35 Year-2022 Thana- ALOULI District- Khagaria ====================================================== Pankaj Kumar Ram Son of Nand Kishore Ram Village - Baikanthpur, PsGarkha, Dist- Saran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 70788 of 2024) For the Petitioner/s :

Mr.Rupesh Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 73559 of 2024) For the Petitioner/s :

Mr.Rupesh Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-11-2024

1. Heard the parties.

2. Since both the aforesaid applications arise out of the same F.I.R., as such, both are taken up together and are being disposed of by this common order.

3. The petitioners apprehend their arrest in connection with Alouli P.S. Case No. 35 of 2022 dated 17.01.2022 registered

Patna High Court CR. MISC. No.70788 of 2024(2) dt.12-11-2024 2/3 under Sections 420, 467, 468, 471 / 34 of the I.P.C.

4. As per the first information report the petitioners have obtained appointment on the post of Special Survey Amin on the basis of forged and fabricated documents.

5. Learned counsel for the petitioners submits that several persons were appointed on the post of Special Survey Amin by the Department after following due recruitment process. In the F.I.R. it has not been disclosed that which document was found to be forged by the Department. However, writ application was filed by similarly situated persons bearing C.W.J.C. No. 1643 of 2022, which was disposed of on 02.03.2022 observing that the services of the petitioners were terminated for producing fake certificate of Diploma in Civil Engineering. This Court directed the respondent- Department to initiate disciplinary proceeding / domestic enquiry in view of the fact that termination of the petitioners on the ground of producing fake Diploma certificate attaches stigma.

The case of the petitioners is similar to the aforesaid writ application and the petitioners have also filed a writ application in this regard before this Court bearing C.W.J.C. No. 21144 of 2021. Some of the similarly situated persons against whom F.I.R.

Patna High Court CR. MISC. No.70788 of 2024(2) dt.12-11-2024 3/3 this Court vide Annexure -3 Series granted bail to many persons.

6. Regard being had to the submission made by the parties, taking into consideration the submissions made by the petitioners and the fact that similarly situated persons were granted anticipatory bail by this Court vide Annexure -3 Series, I am inclined to grant anticipatory bail to the petitioners.

7. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Alouli P.S. Case No. 35 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T