Pirodin Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80962 of 2023 Arising Out of PS. Case No.-290 Year-2022 Thana- BHORE District- Gopalganj ====================================================== Pirodin Sah Son Of Noor Mohamad Sah R/O Village- Bhatwalia, P.S.- Phoolwaria, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-01-2024 Heard Mr. Dhananjay Kumar Tiwary, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Bhorey P.S. Case No. 290 of 2022, F.I.R. dated 23.06.2022 registered for the offences punishable under Sections 120(B), 406, 420, 467, 468, 471 of the Indian Penal Code.

3. Allegation against the petitioner is that he committing cheating and forgery and has misappropriated money of complainant and others.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.80962 of 2023(2) dt.10-01-2024 2/3 allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that from perusal of the F.I.R. it appears that the petitioner has not mentioned that on which date the petitioner has deposited the amount in question to the Bank and even the amount she has not mentioned in her F.I.R. and in fact the petitioner was also employee of the Bank in question and the petitioner has no concern at all with the alleged occurrence and he has no role at all in the present occurrence.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Bhorey P.S. Case No. 290 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.80962 of 2023(2) dt.10-01-2024 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T