Nashif Alam @ Nafis Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69132 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- EKMA District- Saran ====================================================== 1.
Nashif Alam @ Nafis Alam Son of Salim, Resident of Village - Piyano, P.S. - Kopa, Dist.- Saran 2.
Md. Imamuddin Son of Gulab Ahmad @ Gulab Miyan, Resident of Village - Inayatpur, P.S.- Daudpur, Dist.- Saran at Chapra ... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for State.
The petitioners in this case are seeking anticipatory bail in connection with Ekma P.S. Case No. 148 of 2019 registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners have received certificates in question from the Bihar School Examination Board and have committed no act or forgery. It is further submitted that the salaries of the petitioners have already been stopped and recovery has also been ordered from them and also that out of 13 accused persons similarly
Patna High Court CR. MISC. No.69132 of 2019(2) dt.11-12-2019 2/3 situated 8 co-accused have already been granted privilege of anticipatory bail by learned Co-ordinate Bench of this Court in Cr. Misc. No. 65605 of 2019 and Cr. Misc. No. 76006 of 2019 Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that they have received the certificates in question from the Bihar School Examination Board and have committed no act or forgery and further that the their salaries have already been stopped and the recovery has also been ordered from them and also that out of 13 accused persons similarly situated 8 coaccused have already been granted privilege of anticipatory bail by a learned Co-ordinate Bench of this Court in Cr. Misc. No. 65605 of 2019 and Cr. Misc. No. 76006 of 2019, let the petitioners in the event of their arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs.
15,000/- (fifteen thousand ) each with two sureties of the like amount each to the satisfaction of learned learned A.C.J.M. Ist, Saran at Chapra in connection with Ekma P.S. Case No. 148 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.
Patna High Court CR. MISC. No.69132 of 2019(2) dt.11-12-2019 3/3 (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person 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) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/ved U T