Ankay Kumar Tiwari @ Ankaj Kumar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57 of 2024 Arising Out of PS. Case No.-598 Year-2022 Thana- BHORE District- Gopalganj ====================================================== ANKAY KUMAR TIWARI @ ANKAJ KUMAR TIWARI S/ORAMAKANT TIWARI R/O VILL- TIWARI MATIHANIA, PSVISHAMBHARPUR, DIST- GOPALGANJ. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Advocate For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-01-2024 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Bhore PS case no. 598 of 2022, disclosing offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code.
3.
The prosecution story, as per the First Information report lodged by the informant Arvind Kumar Chaudhary, posted at Hathua Sub Division as In-charge of Fire Brigade, is that on the basis of application of one Akhilesh Kumar Singh, the informant went to Kalka Public School, Bantriya for fire audit. During the course of verification, the said Akhilesh Kumar Singh, Headmaster of the aforesaid School informed that
Patna High Court CR. MISC. No.57 of 2024(2) dt.24-01-2024 2/3 he has got the fire safety certificate and provided photograph of the said certificate, issued under the signature of one Upendra Singh, Fire Safety Officer, Gopalganj. Upon inquiry, it has been found that the certificate is forged and fabricated. The Headmaster Akhilesh Kumar Singh provided a mobile number 8709467359 to the informant and said that the person who has installed fire equipment , has provided the said certificate. 4.
Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. It is further submitted that the mobile number mentioned in the First Information Report does not belong to the petitioner but the same belongs to one Akhilesh Singh, s/o Vishwanath Singh, who is a Teacher at B.R.C. Manjhagarh and the petitioner is a Teacher in Manjhagarh Senior Secondary High School. It is next submitted that it was on the request of Akhilesh Singh, s/o Vishwanath Singh, who is petitioner's friend, that the petitioner accepted a sum of Rs. 6,000/- by UPI payment on 08.12.2022. and the same was returned on 15.12.2022 by the petitioner on the same mobile phone, upon coming to know from another Teacher that Akhilesh Singh, s/o Vishwanath Singh is indulged in illegal activities. The mobile number mentioned in the F.I.R.
Patna High Court CR. MISC. No.57 of 2024(2) dt.24-01-2024 3/3 belongs to Akhilesh Singh, s/o Vishwanath Singh. 5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and submission on behalf of the petitioner that the mobile number mentioned in the F.I.R. does not belong to him and the petitioner is a Teacher as also there is no chance that he would tamper with the evidence, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Bhore PS case no. 598 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T