IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1131 OF 2024
(Arising out of S.L.P.(Criminal) No. 11021 of 2023)
AMAR BHUSHAN … APPELLANT(S)
VS.
THE STATE OF BIHAR … RESPONDENT(S)

O R D E R
Leave granted.
Heard the learned counsel appearing for the parties.
The bail granted to the appellant was cancelled on the ground that the appellant misrepresented that he was a teacher and, therefore, he got unfair advantage on the
basis of the bail order granted to other teachers. This is the only ground on which the bail has been cancelled by the impugned order. However, we find from the bail application made by the appellant before the High Court that in paragraph 12, he had clearly disclosed that he was a senior officer in the Education Department. Even the order granting bail does not indicate that such misrepresentation was made.
The learned counsel appearing for the respondent- State submits that the order of remand may be passed.
However, we find that the bail granted to the appellant has been cancelled on a non-existing ground.
Therefore, there is no question of remand. Accordingly, the impugned order dated 5 th
July, 2023 is set aside and the order dated 13 th September, 2022 in Criminal
Miscellaneous No.38944 of 2022 is hereby restored.
The appeal is accordingly allowed.
……………………..J.
(ABHAY S.OKA)

……………………..J.
(UJJAL BHUYAN)
NEW DELHI;
February 23, 2024.
2

ITEM NO.4 COURT NO.7 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 11021/2023
(Arising out of impugned final judgment and order dated 05-07-2023
in CRLM No. 7569/2023 passed by the High Court of Judicature at
Patna)
AMAR BHUSHAN Petitioner(s)
VERSUS
THE STATE OF BIHAR Respondent(s)

Date : 23-02-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ABHAY S. OKA
HON’BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s)
Mr. Shantanu Sagar, AOR
Mr. Prabhat Ranjan Raj, Adv.
Mr. Sidharth Sarthi, Adv.
Mr. Anil Kumar, Adv.
Mr. Gunjesh Ranjan, Adv.
Mr. Vaibhav Jain, Adv.

For Respondent(s)
Mr. Manish Kumar, AOR
Ms. Shaswati Parhi, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order.
Pending application, if any, also stands disposed
of.
(ANITA MALHOTRA) (AVGV RAMU)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file.)