Devendra Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Devendra Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail in the event of arrest/surrender within six weeks, on bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned court concerned, Munger, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether the petitioner, apprehending arrest in G.R. No. 2143 of 2021 arising out of Bariarpur P.S. Case No. 113 of 2021 for offences punishable under Sections 420, 467, 468 and 471 IPC, is entitled to anticipatory bail.

Court's answer

The petitioner is to be enlarged on anticipatory bail in the event of his arrest/surrender within six weeks, on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, to the satisfaction of the learned court concerned, Munger.

Ratio / Principle

The anticipatory bail application stands allowed.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Chandra Prakash Singh, J) allowed the application of Devendra Kumar apprehending arrest in G.R. No. 2143 of 2021 arising out of Bariarpur P.S. Case No. 113 of 2021 (dated 16.09.2023 as stated), District Munger, for offences punishable under Sections 420, 467, 468 and 471 IPC. Prosecution allegation: co-accused Umesh Kumar obtained appointment as a Niyojeet teacher in 2006 on a forged Intermediate mark-sheet in conspiracy with unknown miscreants. Counsel for the petitioner submitted that the petitioner is innocent, has no criminal antecedent, is not named in the F.I.R. and is a Panchayat Sachiv of Itahri Gram Panchayat, and that a similarly situated co-accused was granted regular bail on 19.04.2023 in Cr. Misc. No. 71066 of 2022; the learned APP opposed the prayer. Considering the facts, nature of allegation and circumstances, the Court directed enlargement on anticipatory bail upon arrest/surrender within six weeks on a bail-bond of Rs. 20,000/- with two like sureties, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12716 of 2024

Arising Out of PS. Case No.-113 Year-2021 Thana- BARIYARPUR District- Munger

======================================================

Devendra Kumar son of Shyam Sundar Singh Village- Nawagarhi, p.s. naya ram nagar, district- Munger

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr.Kumar Kamal Nayan For the Opposite Party/s : Mr.Ajay Mishra ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

4 03-04-2024

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with G.R. No. 2143 of 2021, arising out of Bariarpur P.S. Case No. 113 of 2021, dated 16.09.2023 for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

As per the prosecution case, the co-accused Umesh Kumar got appointment as a Niyojeet teacher in the year 2006 on the basis of forged mark-sheet of Intermediate under conspiracy with unknown miscreants.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. No material has come up on the

Patna High Court CR. MISC. No.12716 of 2024(4) dt.03-04-2024 2/2

record against the petitioner. The petitioner is not named in the F.I.R. rather he is a Panchayat Sachiv of Itahri Gram Panchayat. Similarly situated co-accused person has been granted regular bail by this Court vide order dated 19.04.2023 passed in Cr. Misc. No. 71066 of 2022.

Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

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 anticipatory 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, Munger in connection with G.R. No. 2143 of 2021, arising out of Bariarpur P.S. Case No. 113 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J)

Ranjeet/- U T