Sakaldeo Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42366 of 2016 Arising Out of PS.Case No. -12 Year- 2015 Thana -SISWAN District- SIWAN ======================================================

1. Sakaldeo Mahto S/o Samu Mahto resident of village - Gora, P.S. Manjhi, District - Chapra ( Saran ) at Present resident of village - Gyaspur, P.S. Siswan, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Siswan P.S. Case No. 12 of 2015 instituted for the offences punishable under Sections 419, 420, 421, 422, 423, 467, 468 and 471/34 of the Indian Penal Code. The prosecution case, in brief, is that the accused persons including the petitioner made a conspiracy to withdraw K.C.C. loan in the name of informant's father by making forged documents.

It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.42366 of 2016 (4) dt.13-12-2016 2/2 present case has been instituted under Section 156(3) Cr.P.C. The allegation is of withdrawal of K.C.C. loan amounting of Rs. 50,000/- with a fake signature.

A report was called for vide order dated 06.10.2016, the same is enclosed to the case diary. From the perusal of the said report, it is evident that till date, the verification of the signature has not been done since all the documents have been taken over by the head quarter of the Central Bank of India. On behalf of the State, it has been submitted that till date, the verification on the point of the signature has not yet been done due to the intervening circumstances. Considering the aforesaid facts and circumstances, the provisional bail granted to the petitioner vide order dated 06.10.2016, is confirmed in connection with Siswan P.S. Case No. 12 of 2015, on subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, this application is disposed of. (Sudhir Singh, J) ajaypd./- U T