Chandra Bhanu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66706 of 2018 Arising Out of PS. Case No.-532 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== Chandra Bhanu Prasad Son of Late Sohanlal Sah, Resident of Gate No. 89, Makhdumpur, P.S.-Digha District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Dular Sah For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2019 Heard the parties.

The petitioner seeks pre-arrest bail in Agamkuan P.S.Case No.532 of 2018 registered under Sections 182, 201, 229(a), 409, 420, 467, 468 and 471/34 of I.P.C. Accusation is that accused Prem Sahni who was accused in Fatuha P.S. Case No.164/14 was allowed provisional bail vide order dated 18.07.2018 passed in Cr.Misc. No.42681 of 2018 to attend the Shradh ceremony of his father with condition that during that period accused Prem Sahni will be under watch of the police thereafter one constable was deputed by the Officer - in - Charge, Agamkuan Police Station, to go to the house of accused Prem Sahni where he found that his father, Kapil Muni Sahni, was alive. Thereafter the informant apprised

Patna High Court Cr.Misc. No.66706 of 2018(3) dt.05-02-2019 2/3 the Officer-in-Charge, Agamkuan Police Station, of that fact. Thereafter in enquiry it was detected that the bail bond on behalf of the accused Prem Sahni was filed in which Punam Devi and Vijay Sahni were shown as bailors. Vijay Sahni claimed in affidavit that he is brother of accused Prem Sahni but accused Prem Sahni had no brother in the name of Prem Sahni. Vijay Sahni had sworn affidavit before the petitioner who is Notary Public.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner is an advocate and also Public Notary in the Civil Court, Patna, on the identification of one Sonu Kumar son of Raj Narayan Singh, resident of Kankarbagh, Patna, he only notarised the affidavit sworn by Vijay Sahni. It is further submitted that this fact has come in paragraph 6 of the case diary.

Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City,in connection with Agamkuan P.S.Case No.532 of 2018 subject to the conditions as laid down

Patna High Court Cr.Misc. No.66706 of 2018(3) dt.05-02-2019 3/3 under Section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) aks/- U