Madhurendra Patel @ Madhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40714 of 2017 Arising Out of PS.Case No. -436 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Madhurendra Patel @ Madhu Son of Bhikham Prasad, R/o VillageBasant Tola Pokhara Chowk, P.S.- Manuapul, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Bettiah Town P.S. Case No. 436/2017 for offences punishable under Sections 419, 420, 467, 468, 471, 472 of the Indian Penal Code. The prosecution case, as lodged by the police personnel, is that on information that fake documents are being prepared near the registry office in a shop, the shop was raided and the petitioner along with other co-accused Rajesh Kumar Sah was apprehended. From the shop some fake driving licence, identity card issued by the election commission and other forged documents were recovered.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.40714 of 2017 (4) dt.06-10-2017 2/3 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner and he is in judicial custody since 15.06.2017. He further submits that another co-accused apprehended along with the petitioner, has since been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 40106 of 2017 on 04.09.2017 on similar allegations.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Bettiah Town P.S. Case No. 436/2017, subject to the following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper

Patna High Court Cr.Misc. No.40714 of 2017 (4) dt.06-10-2017 3/3 with the evidence.

(iii) The petitioner shall cooperate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

(Nilu Agrawal, J) Rajesh/- U T