Bijay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83896 of 2024 Arising Out of PS. Case No.-2 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== Bijay Kumar Yadav Son of Late Sudilal Yadav R/O Village - Kalyanpur, P.S.- Bhaptiyahi, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyanka Singh For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Triveniganj Police Station Case No. 02 of 2020, dated 01.01.2020, disclosing offences under Sections 420/467/468/471 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report lodged by the informant, is that the petitioner tendered for various schemes under the Rural Works Department, Works Division, Triveniganj, details of which are mentioned in the First Information Report itself. It has further been alleged that after scrutiny, the State Bank of India, Saraigarh, Bhaptiyahi, Suapaul, submitted its report regarding non-issuance of the bank guarantee submitted

Patna High Court CR. MISC. No.83896 of 2024(2) dt.18-12-2024 2/3 by the petitioner for bid security in the said tenders. It is thus alleged that the petitioner has committed forgery with the department by submitting fake bank guarantee in the tender through affidavit.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to ill motive. The petitioner is a leading contractor and has been made accused in order to corner him by his competitors. He next submits that he did not submit any tender much less issued by the State Bank of India and even the affidavit submitted along with tender does not bear his signature. Till date, the investigation agency/police has not come to the conclusion wether the signature on affidavit of tender papers bears the signature of the petitioner. The police is still investigating the matter for last four years and has not submitted chargesheet. He further submits that at the time of submitting of online tender, the petitioner was ill and was under treatment at Paras Hospital, Patna.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioner is having five

Patna High Court CR. MISC. No.83896 of 2024(2) dt.18-12-2024 3/3 criminal antecedents of similar nature, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, rejected. (Anil Kumar Sinha, J) ashwani/- U T