Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12600 of 2016 Arising Out of PS.Case No. -225 Year- 2013 Thana -KOTWALI District- PATNA ======================================================

1. Dharmendra Kumar S/o Masudan Sharma, R/o Village- Pariyawan, P.S.- Ghoshi, Distt- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. A.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-03-2016 Power is filed on behalf of informant of Ghosi P.S. Case No. 240 of 2010.

Heard learned counsel for the petitioner, learned counsel for the informant of Ghosi P.S. Case No. 240 of 2010 as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120B/34 of the Indian Penal Code.

Petitioner was accused in Ghosi P.S. Case No. 240 of 2010 and a bail petition vide Cr. Misc. No. 16170 of 2011 was filed on behalf of the petitioner before this court

Patna High Court Cr.Misc. No.12600 of 2016 (2) dt.28-03-2016 2/3 for grant of bail and during pendency of the aforesaid criminal miscellaneous case, a forged document was produced. Subsequently, the learned Registrar General of this court conducted an enquiry at the direction of this court and thereafter, the present complaint case was filed. Learned counsel for the petitioner submits that admittedly, at the time of production of so-called forged document, the petitioner was in jail custody in Ghosi P.S. Case No. 240 of 2010 and, therefore, the aforesaid fact clearly goes to show that said document was prepared and produced before this court by some other persons and not by the petitioner.

On the other hand, it is informed on behalf of informant of Ghosi P.S. Case No. 240 of 2010 that petitioner has already been convicted in Ghosi P.S. Case No. 240 of 2010. It is also informed that prayer for bail of other accused has already been rejected by a co-ordinate bench of this court.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like

Patna High Court Cr.Misc. No.12600 of 2016 (2) dt.28-03-2016 3/3 amount each to the satisfaction of Sub Divisional Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 225 of 2013.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T