Nawal Kishore Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5940 of 2016 Arising Out of PS.Case No. -118 Year- 2014 Thana -ISUAPUR District- SARAN ======================================================

1. Nawal Kishore Singh Son of Late Kamlapati Singh,

2. Chandan Kumar Singh, Son of Sant Kumar Singh Both Resident of Village - Baropur, Police Station - Baniyapur District Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Sen Prasad Singh For the Opposite Party/s : Mr. Ashok Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor, appearing on behalf of the State. This application arises out of Isuapur P.S. Case No. 118 of 2014, disclosing offences under Section 420, 406, 467, 468, 469/120B/34 of the Indian Penal Code.

This police case arises out of Complaint Case No. 2091/2014 filed in the Court of learned Chief Judicial Magistrate, Saran at Chapta. Allegedly, the accused persons, under false assurance given to the informant of securing employment in Jai Prakash University, Chapra, induced him to pay money to the tune of Rs. 3,00,000/- and subsequently handed over appointment letters in his favour, which was found to be forged. This happened

in the Month of July, 2013.

Learned counsel appearing on behalf of the petitioners submits that there is no allegation that these petitioners ever received any amount. He further submits that for an occurrence which is said to have taken place between 11.01.2013 to 06.07.2013, the complaint case was instituted belatedly in the year 2013, for which there is no plusiable explanation. He further submits that there is no chance that the petitioners would be tampering with the evidence or fleeing from the course of trial. Considering the nature of accusation and the submissions advanced on behalf of the petitioners, this application is allowed. Let petitioners above-named in the event of their arrest/surrender within four weeks from today, in the Court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Isuapur P.S. Case No. 118 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to

appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled (Chakradhari Sharan Singh, J) ArunKumar/- U