Chandradev Prasad Singh @ Chandradev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41022 of 2019 Arising Out of PS. Case No.-238 Year-2019 Thana- BIHARSHARIF District- Nalanda ====================================================== CHANDRADEV PRASAD SINGH @ CHANDRADEV SINGH S/o Late Faujdari Singh Superannuated Gram Panchayat Supervisor, Block Harnaut, District- Nalanda, Resident of Dakbangla Road, Harnaut, P.S.- Harnaut, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suryakant Kumar, Adv.

For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 467, 468, 471, 472, 420, 379/34 of the Indian Penal Code registered in connection with Bihar P.S. Case No. 238 of 2019.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of affidavit papers of Nalanda District Bar Association containing duplicate Government Stamp and Welfare Stamp. The petitioner has been implicated merely on the basis of extra judicial confessional statement of co-accused Sundram Bharati, except which there is no objective material to connect the petitioner with the alleged occurrence. It is stated that the said Sundram Bharati was the

Patna High Court CR. MISC. No.41022 of 2019(3) dt.05-09-2019 2/3 erstwhile tenant of the petitioner who was carrying grudge after being removed from the house. The petitioner is accused in one prior case in Harnaut P.S. Case No.238/2012 of different nature in which he is on bail.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 238 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.41022 of 2019(3) dt.05-09-2019 3/3 (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Prakash Narayan U T