Shiv Shankar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13182 of 2020 Arising Out of PS. Case No.-378 Year-2015 Thana- SHASTRINAGAR District- Patna ====================================================== SHIV SHANKAR CHOUDHARY Son of Late Sita Ram Choudhary Resident of Raza Bazar Sheikhpura, P.S-Shastri Nagar, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Shastri Nagar P.S. Case No. 378 of 2015 for the offence registered under Sections 406, 420, 419 and 34 of the Indian Penal Code.

The allegation against the petitioner in the first information report is that informant who is holder of power of attorney vide power of attorney dated 06.04.2015 from one Gauri Shankar Choudhary alleged that the petitioner impersonating as Gauri shankar Choudhary executed a power of attorney deed on 09.04.2015 by playing fraud and thus, committed forgery.

Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that the petitioner is

Patna High Court CR. MISC. No.13182 of 2020(2) dt.16-11-2021 2/2 illiterate and having no knowledge of Survey Plot No. 3782 and at the instance of Jai Nandan Prasad son of Lal Babu Ray, executed power of attorney in his favour 09.04.2015 and later on revoked power of attorney vide revocation dated 01.08.2016. It is further submitted that no offence under Section 420 of the Indian Penal Code is made out against the petitioner. It is further submitted that the petitioner has no criminal antecedent. Learned counsel for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest/surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Judge - IV cum A.C.J.M., Patna in connection with Shastri Nagar P.S. Case No. 378 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Sunil Kumar Panwar, J) Jagdish/- U T