Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13707 of 2018 Arising Out of PS. Case No.-321 Year-2017 Thana- BIHIYA District- Bhojpur ====================================================== Aman Kumar, Son of Ravi Ranjan Verma, Resident of Village- Bara Kharauni, P.S.- Bihiya, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bihiya P.S. case no. 321/2017 instituted for the offence under Section(s) 406, 420, 467, 468, 120B/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner has been made accused only because he has signed as a witness on the mortgage deed in favour of Manti Devi executed by his uncle Shyama Kant Verma. Petitioner is neither the beneficiary nor the executant of any paper. He is a student. There is land dispute between the informant and Manti Devi. It is alleged in the written report that father of the petitioner and his uncle have executed the sale deeds in favour of Manti Devi with a view to commit forgery. As such, there is

Patna High Court Cr.Misc. No.13707 of 2018(3) dt.19-04-2018 2/2 no any allegation of specific overt act against this petitioner. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bihiya P.S. case no. 321/2017, 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 the learned A.C.J.M.-V, Bhojpur, Ara, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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.