Chandrashekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75377 of 2019 Arising Out of PS. Case No.-405 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== Chandrashekhar Kumar Son of Ashok Kumar Resident of Village - Oraiya, Post - Essua, P.S.- Mehus, Distt - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends their arrest in connection with Bettiah(M) Muffassil P.S. Case No. 405 of 2019, registered under Sections 467, 468, 471, 472, 420 and 120(B) of the Indian Penal Code.

The accusation is that after selection of the petitioner as Constable, deputed in Bettiah district, by allotting Constable No. 346, on the occasion of festival Bakrid in Bettiah Town Police Station. In the meantime a letter was received from one Suman Saurav to the effect that the appointment of the petitioner (Chandrashekhar Kumar) is forged. The petitioner got his selection on the post of Constable by committing forgery. In

Patna High Court CR. MISC. No.75377 of 2019(2) dt.26-11-2019 2/3 the meantime, without giving any information, the petitioner moved from his duty for 11 days. Thereafter, through a letter no. 2714 of 2018, Officer-in-Charge of Bettiah Town informed to the S.P., Bettiah for proceeding and thereafter, a proceeding bearing Departmental Proceeding No. 12 of 2019 was initiated. In the meantime, on 12.06.2019, the petitioner separately gave application for his joining at S.P. Office, Bettiah. On 12.07.2019, the S.P., Bettiah asked some questions relating to History, Mathematics and General Knowledge, the petitioner did not give any right answer. Thereafter, S.P., Bettiah, ordered for inquiry regarding appointment of the petitioner. Thereafter, petitioner left from his duty on 14.07.

2019, which indicates that the petitioner used unfairness in his selection as Constable. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion and he is facing departmental proceeding bearing Departmental Proceeding No. 12 of 2019. The petitioner has no criminal antecedent.

Having regards to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail

Patna High Court CR. MISC. No.75377 of 2019(2) dt.26-11-2019 3/3 bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran (Bettiah) in connection with Bettiah (M) Muffasil P.S. Case No. 405 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) S.Katyayan/- U T