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Patna High CourtCR. MISC./84151/2024allowed

Ajay Kumar v. The State Of Bihar

2025-01-10Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84151 of 2024 Arising Out of PS. Case No.-786 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Ajay Kumar, Son of Late Kedar Nath Mandal, Resident of 102C, Vikramshila Garden, Chesair Main Road, Near Chesair Home, Rani Bagan, P.S. - Bariyatu, District - Ranchi, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Darbhanga Sadar P.S. Case No. 786 of 2023 dated 14.11.2023 instituted for the offence punishable under Sections 205, 467, 468, 471, 506, 120(B) of the Indian Penal Code.

3. The prosecution case, in short, is that on 10.08.2023, one Manoj Kumar impersonated himself as Shekhar Ranjan Vardhan, signed a complaint against the informant and placed before Sri Prahlad Singh Patel, Minister of State for Jal Shakti And Food Processing Industries, Government of India at New Delhi and the other co-accused persons including the petitioner accompanied him. It is further alleged that said Manoj Kumar and

Patna High Court CR. MISC. No.84151 of 2024(3) dt.10-01-2025 2/3 his companion members requested the Minister and succeeded to forward the said application to Sri Amit Shah, Home Minister, Government of India, North Block, New Delhi.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner was retired from the post of Colonel in the year 2009 from Army. It is submitted that the petitioner has already lodged a pre-litigation case before the District Legal Service Authority, Ranchi bearing Pre-Litigation Case No. 352 of 2023 against the informant. Learned counsel for the petitioner submits that prior to the present F.I.R., the petitioner has already given application to the Officer-in-Charge Bariyatu P.S. Ranchi on 26.08.2023 for lodging F.I.R. against the informant. Learned counsel for the petitioner submits that the petitioner is not the member of delegation team as alleged by the informant and the petitioner never met to the Union Minister. Learned counsel for the petitioner submits that the occurrence took place in New Delhi, but the F.I.R. has been lodged in Darbhanga. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the

Patna High Court CR. MISC. No.84151 of 2024(3) dt.10-01-2025 3/3 event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Darbhanga Sadar P.S. Case No. 786 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T