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Patna High CourtCR. MISC./83044/2023bail granted

Anil Kumar Chaudhary v. The State Of Bihar

2024-01-10Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83044 of 2023 Arising Out of PS. Case No.-642 Year-2023 Thana- SAHPUR District- Patna ====================================================== Anil Kumar Chaudhary Son Of Bhagwan Chaudhary Resident Of VillageNawranga, Police Station- Bairiya, District- Balia At Present Resident Of Tarachak, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Shahpur P.S. Case No. 642 of 2023 dated 30.09.2023, instituted for the offence punishable under Sections 420, 467, 468, 469 and 471/34 of the Indian Penal Code and under Sections 66(C), 66(D) of the Information Technology Act.

3. The allegation is of irregularities in the CSBC Bihar Police Constable examination.

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 is a permanent employee of western railway posted at Gandhidham, Gujarat

Patna High Court CR. MISC. No.83044 of 2023(2) dt.10-01-2024 2/2 and was on duty without taking any leave from the duty. Learned counsel submitted that petitioner has been made accused in this case only on the basis of confessional statement of one co-accused namely, Sudhir Kumar Mehra. It is further submitted that there is no any cogent material on record to connect the petitioner in this case. Lastly, it has been submitted that he has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Shahpur P.S. Case No. 642 of 2023, he shall be released on anticipatory 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 court of Chief Judicial Magistrate, Danapur, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T