Nageshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21013 of 2015 Arising Out of PS.Case No. -193 Year- 2014 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Nageshwar Prasad S/o Late Sita Ram Prasad @ Late Sitaram Sah .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21608 of 2015 Arising Out of PS.Case No. -193 Year- 2014 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Manoj Sah son of Jiya Sah @ Siya Ram Sah .... .... Petitioner/s

Versus

The State of Bihar.

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

(In Cr.Misc. No.21013 of 2015) For the Petitioner/s : Mr. Pramod Kumar Pandey, Advocate For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) (In Cr.Misc. No.21608 of 2015) For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 420/467/, 468, 4714 and 120B of the Indian Penal Code.

The prosecution case is that the Branch Manager Uttar Bihar Gramin Bank sent some L.P.C. and revenue receipt for

Patna High Court Cr.Misc. No.21013 of 2015 (2) dt.19-05-2015 2/3 verification of the same to the Circle Officer, Pakridayal. On verification, the L.P.C. and revenue receipt of 30 loanees were found to be forged leading to lodging of the present case. The petitioner Manoj Sah was one of the prospective loanee whose LPC and rent receipts were found forged. During investigation, house of petitioner Nageshwar Prasad was raided wherefrom certain documents with regard to revenue receipt and L.P.C. forms were recovered leading to registration of Pakridayal P.S. Case No. 208 of 2014 in the said case petitioner Nageshwar Prasad has been granted bail vide Criminal Miscellaneous No. 2054 of 2015.

It is submitted that the since the petitioner Nageshwar Prasad was granted bail in Pakridayal P.S. Case No. 208 of 2014, there was no occasion to remand the petitioner again in Pakridayal P.S. Case No. 193 of 2014 whereas the petitioner Manoj Sah has not taken any benefit on the basis of alleged forged document and the prosecution case is based only on the documentary evidence. Statement has been made in paragraph 3 of both the petitions that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest

Patna High Court Cr.Misc. No.21013 of 2015 (2) dt.19-05-2015 3/3 or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Motihari the in connection with Pakridayal P.S. Case No. 193 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T