Birkuwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26097 of 2016 Arising Out of PS.Case No. -50 Year- 2015 Thana -NAWADA District- NAWADA ====================================================== Birkuwar Singh, son of Late Baijnath Yadav, the then Panchayat Sewak of Gram Panchayat Ohari, at present Panchayat Sevak of Nazardih Panchayak, P.S.- Nawadah (Kardiganj), District- Nawadah. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 30-06-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 419, 420, 467, 468, 471, 120B of the Indian Penal Code.

It is contended that the petitioner is a Panchayat Secretary and he had issued a death certificate upon the recommendation of Ward Member Manju Devi. It is further contended that for the probate of the Will, a Probate Case has already been instituted in which the informant has appeared. It is also contended that the beneficiary Mahendra Singh as well as the Ward Member have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 4.09.2015 passed in Cr. Misc. No.35752 of 2015 and order dated 05.01.2016 passed in Cr. Misc.

Patna High Court Cr.Misc. No.26097 of 2016 (2) dt.30-06-2016 2/2 No.4 of 2016.

Having regard to the facts and circumstances of the case, let the petitioner, namely, Birkuwar Singh be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Nawada Town (Kadirganj) P.S. Case No.50/2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) V.K. Pandey/- U T