Arun Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29456 of 2017 Arising Out of PS.Case No. -473 Year- 2016 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Arun Kumar Sinha, S/o Late Shambhu Prasad Sinha, resident of Mohalla- Rastriyaganj, Gauri Shankar Path near Birla Colony, P.S.- Phulbarisharif, District- Patna, the then Assistant Jail Superintendant, District Jail, Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Sections 193/204/ 468/ 471 /420/ 120B/506/34 of the Indian Penal Code.

Co-accused Randhir Ray deliberately disclosed his name as Harendra Sahani to the authorities and accordingly he was remanded in judicial custody in Runnisaidpur P.S. Case No.496 of 2013. Subsequently, misrepresentation was detected and the present Runnisaidpur P.S. Case No.473 of 2016 was registered. The petitioner was Assistant Jail Superintendent at that time and allegation is that he had certified about the said Harendra

Patna High Court Cr.Misc. No.29456 of 2017 (3) dt.05-07-2017 2/2 Sahani.

Submission of learned counsel for the petitioner is that only for the purpose of keeping in jail and releasing from jail custody in pursuance of Court's order such certificates are given by the petitioner and identity of the accused is established at the stage of production or remand before the Magistrate and his release only after receiving release order.

Considering the fact that there is no substantial material against the petitioner, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi/Successor Court, in connection with Runnisaidpur P.S. Case No.473 of 2016, with condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case. Mkr./- (Birendra Kumar, J) U T