Patna High CourtCR. MISC./25549/2023allowed

Dhruv Kumar Singh v. The State Of Bihar

2023-10-17Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25549 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- PARIHAR District- Sitamarhi ====================================================== Dhruv Kumar Singh S/O Ramashish Singh Resident Of Village- Sri Krishna Nagar, Mahsaul, P.S.- Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33773 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- PARIHAR District- Sitamarhi ====================================================== Ram Chandra Ram (dakbabu) Son Of Late Ram Sebak Ram @ Late Ram Sewak Ram R/O Village - Ward No.- 10, Malahi, P.S.- Sursand, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar 2.

Md. Khurshaid Alam Son of Ebadur Rahman R/o village - Parihar, Ward No.- 5, P.S.- Parihar, Dist.- Sitamarhi.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 59383 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- PARIHAR District- Sitamarhi ====================================================== Kriti Kumari Wife Of Manoj Kumar R/V Near Durga Mandir, Ward No. 3, Parihar, Po And Ps. -parihar, Distt- Sitamarhi ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 25549 of 2023) For the Petitioner/s :

Mr.Saroj Kumar Choudhary, Adv.

For the UOI Mrs. Kanak Verma, CGC For the State :

Mr.Bhanu Pratap Singh, APP For the Informant Mr. Ram Niwas Ray, Adv.

(In CRIMINAL MISCELLANEOUS No. 33773 of 2023) For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the UOI Mr. Tuhin Shankar, CGC For the State :

Mr.Ajit Kumar, APP For the Informant Mr. Ram Niwas Ray, Adv.

(In CRIMINAL MISCELLANEOUS No. 59383 of 2023) For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Adv.

For the UOI Mr. Tuhin Shankar, CGC For the State :

Mr.Madan Kumar, APP

Patna High Court CR. MISC. No.25549 of 2023(8) dt.17-10-2023 2/3 For the Informant Mr. Ram Niwas Ray, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 406, 420, 504, 506, 409, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners along with other accused is said to have committed forgery of Rs. 7,00,000/- with the informant by abusing their post.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is specific allegation against co-accused namely Shamshul Hoda who filled up the form and the informant had handed over the documents and money to him. He submits that the similarly situated co-accused has already been granted provisional bail by this Court vide order dated 10.04.2023 passed in Cr. Misc. No. 5320 of 2023. He further submits that petitioners have criminal antecedent as stated in para-3 of the bail application.

5. However, petitioners are ready to deposit Rs.

Patna High Court CR. MISC. No.25549 of 2023(8) dt.17-10-2023 3/3 1,50,000/- each in the account of the informant within a period of eight weeks.

6. Learned APP for the State opposes the prayer for bail.

7. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on provisional bail for a period of two months on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parihar P.S. Case No. 298 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

8. The provisional bail of the petitioners shall be confirmed by the learned court below on showing the receipt of deposit of the aforesaid amount in the account of the informant within the stipulate period.

(Anjani Kumar Sharan, J) devendra/- U T