Patna High CourtCR. MISC./30371/2014bail granted

Lakshuman Ram v. The State Of Bihar

2015-01-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30371 of 2014 Arising Out of PS.Case No. -45 Year- 2014 Thana -HUSAINGANJ District- SIWAN ====================================================== Lakshuman Ram, Son of Late Ram Balak Ram, Resident of village- Shanti Nagar Panch Mandira, P.S.- Siwan Town, District- Siwan. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramchandra Sahni, Adv. For the Opposite Party/s : Mr. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Hussainganj P.S. Case No. 45 of 2014 registered for the offences punishable under Sections 420, 467, 468, 471/120B of the Indian Penal Code, seeks the privilege of pre-arrest bail. Allegedly, co-accused Md. Taki @ Lallu created a forged rent receipt bearing no. 685835 dated 10.12.2012 and also obtained Land Possession Certificate after committing forgery and produced the same in the court of Sub-Divisional Magistrate, Siwan and got the order from that court and thereafter, tried to dispossessed the real owner. It is alleged that the petitioner has issued rent receipt no. 685835 dated 06.12.2012, which is quite

Patna High Court Cr.Misc. No.30371 of 2014 (5) dt.20-01-2015 different from the rent receipt, produced by Md. Taki. Submission is that the petitioner has unnecessarily been dragged in this case. He has not given rent receipt to Md. Taki rather he himself has forged. There is no signature of the petitioner on the forged rent receipt and as such, the petitioner deserves sympathetic consideration, to which the learned A.P.P. does not dispute.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 45 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J.) Vats/- U T