Rajnath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22236 of 2016 Arising Out of PS.Case No. -89 Year- 2015 Thana -DIGHA District- PATNA ======================================================

1. Rajnath Sharma Son of Sri Nokhe Lal Sharma, Resident of Mohalla - Indrapuri, P.S. - Patliputra, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anjani Kumar Jha For the Opposite Party/s : Mr. A.K.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Digha P.S. Case No. 89 of 2015, disclosing offences under Sections 419,420,447,448,465,467,468,471,379,506 and 120B of the Indian Penal Code.

The First Information Report has been registered by the Secretary of Jai Prakash Nagar Co-operative Society with an allegation that the past Secretary Prem Prakash Verma had fraudulently executed document transferring few landed property and had, thus, cheated several persons which had led to suspension of the Society itself. The allegation against the petitioner is that he was a witness of execution of some of the documents.

Learned counsel for the petitioner has submitted that

since the accusation against the petitioner is based on document, there is no chance of tampering with the evidence. It has also been submitted that it is primarily because of internal dispute between the Co-operative Society and that the present case has been lodged. The petitioner has no criminal antecedent as stated in paragraph 3 of the application.

Considering the above, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Inam Khan, learned Judicial Magistrate, First Class, Patna in Digha P.S. Case No. 89 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U