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Patna High CourtCR. MISC./7001/2024bail granted

Surendra Singh v. The State Of Bihar

2024-04-09Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7001 of 2024 Arising Out of PS. Case No.-20 Year-2017 Thana- ARA NAWADA District- Bhojpur ====================================================== Surendra Singh S/o- Late Raghu Vansh Singh Village- Katharain PS - Kochas Dist -Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate.

For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Ara Nawada P.S. Case No. 20 of 2017, registered on 20.01.2017 for the offences under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

3. As per prosecution case, some tempering in the records of District Registration Office kept in the archive was discovered and six co-accused persons were named in the FIR for wrong doing by the informant, District Sub-Registrar. The name of the petitioner transpired during investigation for also being involved in the said tempering and fabrication of the records.

Patna High Court CR. MISC. No.7001 of 2024(3) dt.09-04-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has no concern with the offences as alleged. The matter relates to tempering of record pertaining to the year 1967. Moreover, the matter relates to the co-accused cousin of this petitioner and the petitioner could not get benefited from the said tempering. The disputed documents are related with the khatiyani land of co-accused cousin Birendra Singh of the petitioner and there is no direct allegation on this petitioner for any criminal act. The petitioner has got no criminal antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner. He submits that witnesses 6 & 7 of the case diary have named the petitioner who might be involved in the occurrence with his co-accused cousin.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation against the petitioner without any substantive material against him and further considering the possibility of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.7001 of 2024(3) dt.09-04-2024 3/3 (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur, Ara in connection with Ara Nawada P.S. Case No. 20 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) anuradha/- U T