Dharmendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19173 of 2016 Arising Out of PS.Case No. -865 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Dharmendra Kumar Singh S/o Bacha Singh, resident of Village- Munji, P.S.- Karakat, District- Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Sasaram (Model) P.S.Case No. 865/2015, disclosing offences under sections 467, 468, 471 and 406 of the Indian Penal Code. Case of the prosecution in brief is that one Dimpi Kumari for the purpose of securing license to run a composite liquor shop, had submitted three term deposit pass-books. The said pass-books were shown to be in the name of this petitioner. In course of time it was detected that the said pass-books were forged. Accordingly, license granted in favour of the said Dimpi Kumari was cancelled and the present First Information Report came to be lodged.

Patna High Court Cr.Misc. No.19173 of 2016 (2) dt.16-05-2016 Learned counsel, appearing on behalf of the petitioner, has submitted that if any allegation of forging of documents, on the basis of contents of the F.I.R. is made out, it is made out against the said Dimpi Kumari and not against the petitioner. It is the licensee of the said shop, according to him, who might have forged the documents for securing license in her favour. It has further been submitted that considering the nature of accusation, there is no chance of tampering with the evidence or influencing the witnesses in course of investigation or trial. Considering the submissions, as above, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram (Model) P.S.Case No. 865/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall

Patna High Court Cr.Misc. No.19173 of 2016 (2) dt.16-05-2016 be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U