Patna High CourtCR. MISC./1347/2024bail granted

Shivnarayan Kumar @ Shivnarayan Yadav v. The State Of Bihar

2024-02-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1347 of 2024 Arising Out of PS. Case No.-469 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Shivnarayan Kumar @ Shivnarayan Yadav S/O Yugeshwar Prasad Yadav R/O Village- Bishanpur, P.O- Basaha, P.S- Pipra, Distt.- Supaul, State- Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Supaul P.S. Case No. 469 of 2020 dated 04.07.2020 registered for the offences punishable u/ss 419, 420 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the other co-accused persons are alleged to have committed forgery in physical examination for appointment of Bihar Home Guard Constable.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the Bihar Home Guard Constable Recruitment Examination was conducted in the month of

Patna High Court CR. MISC. No.1347 of 2024(2) dt.13-02-2024 2/2 September-October, 2019 but the F.I.R. was lodged on 04.07.2020. The co-accused person has already been granted anticipatory bail by the Coordinate Bench of this court vide order dated 13.09.2023 passed in Cr. Misc. No. 56986 of 2023. The petitioner has two criminal antecedents as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Supaul in connection with Supaul P.S. Case No. 469 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T