Om Prakash Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9525 of 2014 Arising Out of PS.Case No. -436 Year- 2013 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Om Prakash Verma S/O Late Mauzi Lal Verma Resident Of Kazi Bazar, Bihari Road, Hilsa, P.S.- Hilsa, District- Nalanda At Present Basic Health Worker (Bho), Primary Health Center, Masaurhi, P.S.- Masaurhi, DistrictPatna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Upadhyay For the Opposite Party/s : Mr. Sanjay Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 08-07-2015 Since this application has been restored to its original file by a separate order passed today itself in Cr. Misc. No. 37284 of 2014, this application has also been heard on merit as with regard to grant of anticipatory bail of the petitioner facing prosecution for offence under Section 467, 468, 471, 506 and 120B. Learned counsel for the petitioner submits that once the land, in question, about which there is an allegation in the complaint petition filed by the complainant, his own brother, that the petitioner has forged his signature, was in fact already made subject matter of an exchange of land vide Annexur-2 to this bail application. This Court has carefully examined firstly Annexure-2 which has an obvious cutting in the date below the signature of the advocate as also the notary wherein the figure of "2001" has been

Patna High Court Cr.Misc. No.9525 of 2014 (3) dt.08-07-2015 tampered and sought to be made "2000". Such unregistered document, having obvious tampering, will not inspire much confidence.

Having thus regard to the allegation against the petitioner, that in the year 2001, he had forged the signature of his brother and, therefore, the sale deed, which was allegedly prepared in the name of both the brothers i.e. the complainant and the petitioner, was a forged document, this Court does not find the petitioner entitled for privilege of anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioner, namely, Om Prakash Verma is hereby rejected. Nothing said in this order, however, will come in the way of the petitioner in surrendering and making a prayer for regular bail, which shall be considered on its own merit and decided without being prejudiced by this order.

(Mihir Kumar Jha, J) Rishi/- U T