Raj Narayan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66839 of 2018 Arising Out of PS. Case No.-250 Year-2018 Thana- GARKHA District- Saran ====================================================== Raj Narayan Ray, Son of Late Gaya Ray, Resident of Village- Pohiya, P.S.- Garkha, District- Saran, Chapra.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-12-2018 Petitioner prays for bail in connection with Garkha P.S.Case No. 250 of 2018 registered for the offences punishable under Sections 420, 467, 471, 472 and 34 of the Indian Penal Code.

Allegation as per FIR is that police had gone in connection with execution of process under Sections 82 and 83 of Cr.P.C. against the accused persons, including the petitioner and when the informant arrested the petitioner he produced a surrender certificate and on suspicion the informant produced the petitioner and alleged surrender certificate before the court and on verification it was found that the surrender certificate was fake.

Submission of learned counsel for the petitioner is that there was no occasion for the petitioner to produce

Patna High Court Cr.Misc. No.66839 of 2018(3) dt.13-12-2018 2/2 surrender certificate of other accused persons, rather petitioner has falsely been implicated in this case at the instance of police personnel and he is in custody for five months. Heard learned APP also, who has opposed the prayer for bail stating that petitioner has played a fraud. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

However, once charge has been framed in this case against the petitioner, he may renew his prayer for bail. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T