Devanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25088 of 2020 Arising Out of PS. Case No.-218 Year-2019 Thana- GURUA District- Gaya ====================================================== Devanand Singh Son of Dasrath Singh Resident of Village- Mankoshi, P.S.- Bodh Gaya, District- Gaya ... Petitioner

Versus

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

For the Petitioner :

Mr.Vipin Kumar, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2020 Heard learned counsel for the petitioner as well as learned counsel for the State through video conferencing. The petitioner apprehends arrest in a case registered for the offence punishable under sections 420,467 and 468 of the Indian Penal Code.

It is alleged in the FIR that an enquiry was conducted pursuant to order of this Court dated 18.9.2018, passed in C.W.J.C.No. 13156/2018 (Annexure 4) in which it was found that the petitioner obtained two certificates of matriculation by changing his name and date of birth.

Learned counsel for the petitioner submits that earlier for the same offence Gaya Police Station Case No. 644 of 2017 had been lodged for the offence under sections 420, 409, 467, 468, 471 & 120B of the Indian Penal Code in which he has already been allowed the privilege of anticipatory bail by a co-

Patna High Court CR. MISC. No.25088 of 2020(2) dt.14-10-2020 2/2 ordinate bench of this Court vide order dated 18.5.2018, passed in Cr.Mis.No. 11107/2018 (Annexure 3). Learned counsel further submits that for the one and same offence, the petitioner is again being prosecuted. He submits that the matter, relating to obtaining of two matriculation certificates by changing the name and date of birth, is still pending consideration before the LPA Court. He submits that against the order passed by the respondent authorities, the petitioner had preferred C.W.J.C.No. 13156 of 2018 in which the Court after hearing the parties set aside the order of the authorities and allowed the writ petition. In the facts of the case, prayer for bail of the petitioner is allowed.

In the event of arrest/surrender within eight weeks, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate Sherghati, Gaya in Gaya Police Station Case No. 218 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.