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Patna High CourtCR. MISC./1438/2025allowed

Krishna Gupta v. The State Of Bihar

2025-02-07Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1438 of 2025 Arising Out of PS. Case No.-345 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== Krishna Gupta D/O of Late Bhola Prasad Resident of Village - Patel Nagar, P.S. - Shastrinagar , District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav Mr. Ravi Prakash Mr. Vinod Kumar Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471, 120B/34 of the Indian Penal Code.

3.

As per the FIR, on the basis of order dated 17.06.2020, passed in Misc. Appeal No.03 of 2019, in the Court of Collector-cum-District Magistrate, East Champran, Motihari in Ruksana Khatoon vs. State of Bihar & Ors. in which the selection of Sapna Kumar "Panchayat Sevika" was cancelled because the documents in support of her candidature was found suspicious and direction was given to lodge FIR against the

Patna High Court CR. MISC. No.1438 of 2025(2) dt.07-02-2025 2/3 petitioner and others.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. He submitted that no forgery was committed by the petitioner and neither there is any finding that the petitioner has benefitted from any such wrong selection. The said appointment was of the year 2013 but the FIR has been lodged in the year 2020. It is further submitted that similarly situated co-accused has been granted anticipatory bail by this Court in Cr. Misc. No.54098 of 2021 dated 23.06.2022. Petitioner has one criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case, since similarly situated co-accused has been granted bail by this Court, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ghorasahan (Lakhaura) P.S. Case No.345 of

Patna High Court CR. MISC. No.1438 of 2025(2) dt.07-02-2025 3/3 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T