Singeshwar Singh @ Singheshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22997 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- MAHNAR DistrictVaishali ====================================================== SINGESHWAR SINGH @ SINGHESHWAR SINGH, male, aged about 50 years, Son of Late Ram Bilash Singh Resident of Village - Jhammanganj, P.s.- Jandaha, Distt.- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vishwa Mohan Kumar Sinha, Advocate.

For the Opposite Party:

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2019 As prayed, learned counsel for the petitioner is permitted to make correction in paragraph-4 of the petition with regard to the date inadvertently printed as 07.01.2009 in place of correct 07.01.2019, in course of the day.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner apprehends his arrest for the offences alleged under Sections 420, 467, 468, 470 and 471/34 of the Indian Penal Code registered in connection with Mahnar P.S. Case No. 12 of 2019.

4. It is submitted that the petitioner has been falsely implicated and the informant is non other than his aunt-in-law. The accusation that the informant had sold only one katha of land but the petitioner in connivance with the karamchari and deed writer and other employees of the registry office fraudulently included other plot numbers in the sale deed. It is submitted that the allegation has been made under influence of the informant's

Patna High Court CR. MISC. No.22997 of 2019(2) dt.11-04-2019 2/2 son and the sale deed has been witnessed by the husband of the informant. It is further submitted that in any event the petitioner has remedy of filing civil suit.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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 Additional Chief Judicial MagistrateVI, Hajipur, Vaishali in connection with Mahnar P.S. Case No. 12 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T