Patna High CourtCR. MISC./63404/2017bail granted

Om Prakash Jha v. The State Of Bihar

2018-01-15Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63404 of 2017 Arising Out of PS.Case No. -206 Year- 2016 Thana -LAKHNAUR District- MADHUBANI ======================================================

1. Om Prakash Jha, Son of Late Krishnadeo Jha, resident of Village- Navtol, P.S. Jhanjharpur, R.S. Sivir, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prafull Chandra Jha For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Lakhnour P.S. Case No.206 of 2016 registered for the offences punishable under Sections 406, 420, 468, 472 and 120B of the Indian Penal Code.

It is alleged that this petitioner in collusion with other F.I.R. named accused prepared forged and fabricated death certificate in order to take benefit in Title Suit No.140 of 1993. The suit was filed by the petitioner against the informant which has been decreed and the informant has filed Title Appeal No.39 of 2008 before the District Judge which after hearing has also been dismissed. Then the informant filed Second Appeal No.459

Patna High Court Cr.Misc. No.63404 of 2017 (2) dt.15-01-2018 of 2009 before this Court which is pending. In the said Second Appeal the informant by filing a petition under Section 340 of Cr.P.C. had prayed for enquiry as regards fraudulent act of the petitioner, which after hearing was dismissed. The allegation of fraudulent act is omnibus against all four accused persons. The petitioner is in custody since 04.03.2017 having clean antecedent. The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., Jhanjharpur, DistrictMadhubani in connection with Lakhnour P.S. Case No.206 of 2016.

(Sanjay Kumar, J) Harish/- U