Chandra Bhanu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74673 of 2024 Arising Out of PS. Case No.-452 Year-2022 Thana- BHORE District- Gopalganj ====================================================== Chandra Bhanu Kumar Son of Nandu Lal Prasad Resident of VillageBadiyatt, P.S.- Ben at District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramakant Ram Anand, Advocate For the Opposite Party/s :
Mr.Rajendra Singh, APP For the Informant :
Mr. Suresh Prasad Bhakta, Advocate :
Mr.Dheeraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2024 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Bhorey PS case no. 452 of 2022, disclosing offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code.
3.
The prosecution story, as per the First Information Report, is that co-accused Kavita Devi filed application for caste certificate before the Circle Officer, Bhore, Gopalganj (petitioner) to contest Panchayat Election, 2021, in which she has mentioned her caste as Teli. Consequently, she won the election for the post of Mukhia and elected. It is alleged that petitioner along with Dhananjay Singh, under conspiracy,
Patna High Court CR. MISC. No.74673 of 2024(2) dt.14-11-2024 2/3 wrongly issued caste certificate in favour of said Kavita Devi. 4.
Learned Counsel for the petitioner submits that petitioner had joined as Circle Officer, Bhorey, Gopalganj on 16.07.2021, however co-accused Kavita Devi filed application for issuance of caste certificate on 14.07.2021 and on the basis of enquiry report, caste certificate was issued on 21.07.2021, hence it is submitted that petitioner had no idea about coaccused Kavita Devi. Subsequently, when the petitioner came to know about the falsity of the document, he has cancelled the caste certificate on 23.09.2022. Learned counsel further submits that the matter was enquired by S.D.P.O. Gopalganj and after enquiry, the petitioner is found innocent. He next submits that the petitioner has not committed any offence in the manner alleged and he is having clean antecedent.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and enquiry report dated 04.04.2023, submitted by S.D.P.O., Gopalganj, I am inclined to grant the privilege of anticipatory bail to the petitioner.
6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be
Patna High Court CR. MISC. No.74673 of 2024(2) dt.14-11-2024 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII, Gopalganj in connection with Bhorey PS case no. 452 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T