Brahmanand Jaiswal @ Bramhanand Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4020 of 2019 Arising Out of PS. Case No.-513 Year-2018 Thana- KATIHAR District- Katihar ======================================================

1. Brahmanand Jaiswal @ Bramhanand Choudhary, s/o Late Brij Mohan Sah.

2. Rishi Raj Jaiswal, s/o Brahmanand Jaiswal @ Bramhanand Choudhary, Resident of Mohalla- Semapur Bazar, P.S- Barari, District- Katihar.

3. Ritesh Kumar @ Babloo, s/o Brahmanand Jaiswal @ Bramhanand Choudhary, Resident of Mohalla- Semapur Bazar, P.S.- Barari, DistrictKatihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjana Sinha For the Opposite Party/s :

Mr.Kanhaiya Kishore(APP 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468/34 of the Indian Penal Code.

A compromise petition was filed before the Lok Adalat in a criminal case of trivial nature, wherein the petitioners were accused. Subsequently, it revealed that signature of the informant Gita Rani was forged on the compromise petition by the petitioner.

The aforesaid fact was detected when Gita Rani raised her grievance before the appropriate forum.

Patna High Court Cr.Misc. No.4020 of 2019(2) dt.28-01-2019 2/2 Submission is that the criminal case wherein compromise petition was filed bearing Barari Samapur Police Station Case No.86 of 2005 resulted in conviction of the petitioners and it is yet to be decided whether the signature of the informant was forged or genuine or who has forged the signature, because a lawyer was appearing on behalf of the informant in that case.

Considering the nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Katihar Nagar Sahayak Police Station Case No.513 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Birendra Kumar, J) Abhishek/- U T