Nagendra Prasad Kushwaha vs. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30218 of 2021

Arising Out of PS. Case No.-319 Year-2020 Thana- BENIPATTI District- Madhubani ======================================================

NAGENDRA PRASAD KUSHWAHA SON OF VIJAY KUMAR KUSHWAHA R/O VILLAGE- AKHA, P.S.- MADHWAPUR, DISTRICT-MADHUBANI.

Versus

... ... Petitioner/s

THE STATE OF BIHAR

... ... Opposite Party/s

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Appearance :
For the Petitioner/s<br>:	Mr. Ravi Prakash, Adv.
For the Opposite Party/s :	Mr. AP.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 07-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence under Sections 205, 468, 471 and 120(B) of the Indian Penal Code.

The case relates to commission of forgery by way of impersonation.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the petitioner happens to be advocate clerk and he has not played any role in the alleged occurrence. He further submits that it is Md. Salauddin, who appeared before the court and said that he is Md. Mubarak @ Hafiz. He further submits that the petitioner has been an Advocate Clerk of co-accused, Pankaj Kumar, who is an

Advocate, has already been granted anticipatory bail vide order dated 13.01.2022 passed in Cr. Misc. No. 20955 of 2021. Hence, the petitioner may be granted the privilege of anticipatory bail.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of his arrest or surrender within a period of four weeks, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Benipatti P.S. Case No. 319 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also the following conditions:-

(1) Petitioner shall co-operate in the investigation and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify

the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)

brajesh/-
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