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Patna High CourtCR. MISC./73263/2022bail granted

Rambabu Ram v. The State Of Bihar

2023-04-29Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73263 of 2022 Arising Out of PS. Case No.-443 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== RAMBABU RAM Son of Amerika Ram Resident of Village- Laxmipur Pokhariya, P.S.- Adapur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Raxaul PS case no. 443 of 2022, registered for the offences punishable under Sections 467, 468, 471, 420 of the Indian Penal Code.

The petitioner is alleged to have tried to obtain appointment on the post of Panchayat Teacher by submitting forged Common Teachers Eligibility Test result, however before the appointment could be made, the said factum of the petitioner having submitted forged result, had come into the notice of the authorities, resulting in the petitioner being not appointed. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.73263 of 2022(2) dt.29-04-2023 2/3 petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioner is not the beneficiary of the forgery alleged and moreover, similarly situated co-accused person has already been granted bail in similar type of case by a co-ordinate Bench of this Court vide order dated 12.06.2020, passed in Cr. Misc. no. 60573 of 2019. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner has not received any benefit out of the alleged forgery, apart from the fact that regarding the same nature of offence, some other accused persons, who have been made accused in various other F.I.R.s, have already been granted the privilege of bail by co-ordinate Benches of this Court, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of

Patna High Court CR. MISC. No.73263 of 2022(2) dt.29-04-2023 3/3 this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Raxaul PS case no. 443 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T