Badal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79018 of 2018 Arising Out of PS. Case No.-423 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Badal Sahni S/o Rameshwar Sahni R/vill-Raghunathpur, P.S-Turkauliya, Distt.-East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Tondon For the Opposite Party/s :

Mr.Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Motihari Town P.S. Case No. 423 of 2018 registered for the offence punishable under Sections 420, 468, 471, 472 and 120(B)/34 of the Indian Penal Code. Informant has alleged that father of petitioner has over written in birth certificate of petitioner and produced the same before the court of learned C.J.M., Motihari for the purpose of treating petitioner to be juvenile. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that the said over writing was not done by him because he is in custody and the same was supplied in

Patna High Court Cr.Misc. No.79018 of 2018(2) dt.30-01-2019 2/2 the court by his father. Petitioner is in custody since 24.11.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran, in connection with Motihari Town P.S. Case No. 423 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T