Jai Mangal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40296 of 2020 Arising Out of PS. Case No.-192 Year-2020 Thana- KASIMBAZAR District- Munger ====================================================== JAI MANGAL PASWAN, S/o Late Muni Paswan, R/o Bakchapra, P.S.- Kotwali (Basudebpur O.P.), Distt- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. D. K. Sinha, Sr. Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-05-2021 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Kasim Bazar Police Station Case No. 192 of 2020, disclosing offences under Sections 467/468/471/420/34 of the Indian Penal Code.

The allegation, as per the First Information Report lodged on the basis of information given by the Ward Member, is that the petitioner was indulged in making false certificates of different Government Schemes, including Old Pension Scheme, Widow Pension Scheme, Girl Marriage Scheme, Birth & Death Certificates etc. On the basis of this information, the police recovered 31 pieces of forged certificates of different

Patna High Court CR. MISC. No.40296 of 2020(5) dt.21-05-2021 2/3 Government Schemes from the possession of the petitioner. Learned Senior Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to oblique motive inasmuch as the petitioner used to make complaint against the illegal activity of the Ward Member. He further submits that no private person has made any complaint regarding the forged certificate being given to him by the petitioner. He also submits that the documents, which have been recovered from the possession of the petitioner, are easily available before the Stamp Vendor. He also submits that the petitioner is in custody since 20.07.2020, having no criminal antecedent.

On the other hand, learned Additional Public Prosecutor, referring to the case diary, submits that in course of investigation, enough material has come against the petitioner to connect him with this offence and from perusal of the seizure list, it would be evident that a large number of forged documents of different Government Schemes have been recovered from the possession of the petitioner.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the allegation against the petitioner is based upon the

Patna High Court CR. MISC. No.40296 of 2020(5) dt.21-05-2021 3/3 documents and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner, after completion of one year in custody.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, after completion of one year in custody, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar Police Station Case No. 192 of 2020.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √