Md. Shamim Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12406 of 2017 Arising Out of PS.Case No. -14 Year- 2016 Thana -DIGHALBANK District- KISANGANJ ======================================================

1. Md. Shamim Ahmad Son of Late Elahi Baksh, Resident of ChainpurMangura, P.S.- Dighalbank, Dist.- Kisnganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-03-2017 The petitioner is apprehending his arrest in connection with Dighalbank P.S. Case No. 14 of 2016, registered for offences punishable under Sections 468, 471, 420, 423 Indian Penal Code. It has been submitted on behalf of the petitioner that it is alleged that on the basis of a letter signed by the informant, he has been deputed in the District Election Office but later on the informant claimed that the said signature has been fraudulently obtained by the petitioner. It has further been submitted that all the allegations levelled by the informant is false and baseless as he himself had recommended the petitioner for deputation in District Election Office, Kishanganj and only with a view to harass the petitioner, he has filed the present case.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.12406 of 2017 (2) dt.24-03-2017 2/3 Having heard both sides, in view of the fact that signature has not been denied, however it is alleged that the same has been obtained fraudulently, which is clearly a matter to be investigated, for the present, petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Kishanganj in connection with Dighalbank P.S. Case No. 14 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. This is further subject to the condition that:- (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 shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.12406 of 2017 (2) dt.24-03-2017 3/3 prosecution is free to move for cancellation of his bail bonds.

It is also made clear that after investigation, if any serious material comes against this petitioner, the prosecution will be at liberty to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) sunil/- U