Binod Kumar Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13187 of 2018 Arising Out of PS.Case No. -798 Year- 2017 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Binod Kumar Yadav, S/o Sataydev Yadav, R/o Yadav Tola, Madhubani, P.S.- K. Hat (Madhubani), District- Purnea.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Devanand Singh, S/o Late Satyanand Singh, R/o Mohalla- Sri Nagar, Hata, P.S.- K. Hat, District- Purnea.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Bidhu Ranjan, Advocate. For the Opposite Party/s : Mr. Ramchandra Sahani, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 798 of 2017 instituted for the offence under Sections 420, 467, 468 and 120B of the Indian Penal Code. In the complaint it is alleged that all the accused persons after hatching conspiracy prepared three unregistered forged deeds as Bhugatanama (Agreement for payment) containing forged signature of mother of complainant. It is alleged that 1st Bhugatanama is dated 11.09.2010 stand in the name of Munna Kumar, whereas 2nd and 3rd Bhugtanama dated 2.10.2000 and 26.10.2010 stand in the name of Ashwini Kumari Singh. The municipal tax receipt has been issued in the pen and signature of
Patna High Court Cr.Misc. No.13187 of 2018 (3) dt.11-04-2018 2/3 tax Collector (accused No.6).
The aforesaid Bhugatnama has been prepared with intention to cause wrongful loss to informant and his mother. Learned counsel for the petitioner has submitted that the alleged document which is said to be forged is of the year 2000. The complaint has been filed by the complainant in the year 2017 after delay of more than 17 years. It has further been submitted that petitioner being tax Collector has issued receipt on the basis of those Bhugatnama.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Complaint Case No. 798 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates
Patna High Court Cr.Misc. No.13187 of 2018 (3) dt.11-04-2018 3/3 without proper and reasonable reason will be liable to cancel his bail bond and (3) if 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. (Sanjay Priya, J) S.Ali/- U T