Amarjit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76947 of 2024 Arising Out of PS. Case No.-132 Year-2022 Thana- ARARIA District- Araria ====================================================== 1.

Amarjit Paswan Son of Gujrati Paswan Resident of Village- Maudihra PODoiyan PS -Kargahar (OP Barhari), District- Rohtas 2.

Abhishek Kumar Son of Rakesh Singh Resident of village- M. Kuari, Near Pojhi Parsa, PO- M, Kuari, PS- Dariyapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-11-2024

1. Heard learned counsel for the parties.

2. The petitioners in this application pray for bail apprehending their arrest in connection with Araria P.S. Case no.132 of 2022 registered for the offence punishable under sections 420 and 406 of the Indian Penal Code.

3. As per the prosecution case, on verification of the certificate produced by the newly recruited Special Survey Amin, it transpires that the certificates with respect to Diploma in Civil Engineering of the Bundelkhand University, Jhansi produced by them were forged and fabricated. Hence the FIR.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. No

Patna High Court CR. MISC. No.76947 of 2024(2) dt.14-11-2024 2/2 forged or fabricated certificate was ever produced by them. Referring to the order of the Revenue and Land Reforms Department, Government of Bihar dated 14.12.2021 (at page 17), it is submitted that the petitioners have already been dismissed from service. The petitioners who have no criminal antecedent undertake to cooperate in the case/trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioners, the petitioners already having been terminated from service vide aforesaid order dated 14.12.2021 and the petitioners not having any criminal antecedent, it is directed that both the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Araria P.S. Case no.132 of 2022 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Araria.

(Partha Sarthy, J) Saurabh/- U T