Vinod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2423 of 2023 Arising Out of PS. Case No.-251 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== 1.

VINOD PASWAN Son of Gorakh Paswan Resident of Village- Dhusmuri Bisanpur, P.S.- Muffasil, District- Khagaria 2.

RAJENDRA PASWAN Son of Budhu Paswan Resident of VillageDhusmuri Bisanpur, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-04-2023 Heard Mr. Ranjeet Kumar Singh, learned counsel for the petitioners and Mr. Satyendra Narayan Singh, learned APP for the State.

The petitioners seek regular bail, who are in custody in connection with Khagaria (Gangour) P.S. Case No. 251 of 2018 (G.R. No. 1078/2018), registered for the offences punishable under Sections 406, 419, 420, 467 and 468 of the Indian Penal Code.

Allegation against the petitioners and others is of committing forgery and taking loan of Rs.1,00,000/- each on the basis of forged land possession certificate.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.2423 of 2023(2) dt.27-04-2023 2/3 submits that the petitioners themselves cheated at the hand of the authority who have issued the land possession certificate, and it was the duty of the bank authorities to verify the same before issuance of the Kisan Credit Card. He further submits that other co-accused persons having similar allegation have been allowed privilege of bail by learned Co-ordinate Bench of this Court in Cr. Misc. No. 19988 of 2019 vide order dated 01.05.2019. The petitioners having fair antecedent, are in custody since 11.08.2022 and the investigation of the crime is complete and the charge-sheet has been submitted. On the other hand learned APP for the State vehemently opposes the bail application and submits that the petitioners along with other by making conspiracy committed fraud upon the Bank.

Regard being had to the submissions made on behalf of the parties and considering the fact that the land possession certificates had allegedly been issued by authorities, which was required to be verified at the level of bank authorities, apart from the fact that the investigation of the crime is complete, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.2423 of 2023(2) dt.27-04-2023 3/3 Chief Judicial Magistrate, Khagaria in connection with Khagaria (Gangour) P.S. Case No. 251 of 2018 (G.R. No. 1078/2018), subject to the condition that one of the bailors will be the close relatives of the petitioners with further conditions which are as follows:- (i) The petitioners will cooperate in conclusion of the trial.

(ii) They will remain present on each and every date of trial till disposal of the case.

(iii) They will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, their bail bonds will liable to be cancelled.

(Harish Kumar, J) manoj/- U T