Vishnu Deo @ Bishnu Deo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14524 of 2017 Arising Out of PS.Case No. -404 Year- 2015 Thana -KOTWALI District- PATNA ======================================================

1. Vishnu Deo @ Bishnu Deo, son of late Umanath Mahto, resident of Bahari Begampur P.S. Byepass, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-03-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Kotwali P.S. Case No.404 of 2015 instituted for the offence under Section(s) 419, 420, 466, 468, 474 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Patna.

There is allegation in the written report that two bail applications were filed in this Court on behalf of Bhagya Mahato @ Bhagya Narain Mahato, in connection with Sitamarhi P.S. Case No.485 of 2012 for the offence under Section(s) 302, 201/34 Indian Penal Code vide Cr. Misc. No.14507 of 2013 and Cr. Misc. No.14760 of 2013. An enquiry was held on the direction of the Court for filing two bail applications on behalf of the same accused and the enquiry was conducted by the Registrar

Patna High Court Cr.Misc. No.14524 of 2017 (2) dt.29-03-2017 2/3 General of this Court. The Registrar General in his enquiry report has held that prima facie it appears that Sri Satyendra Kumar is a fake person. He was said to be the brother of petitioner in Cr. Misc. No.14507 of 2013. He was identified by Sri Bishnudeo, Advocate's Clerk (petitioner).

The Registrar General has further stated in the report that service report of the notice issued to Satyendra Kumar was received in the Court, which shows that no such person, namely, Satyendra Kumar son of Sri Chandeshwar Mahto, is residing in village-Gaushala Chowk, P.S. & District-Sitamarhi. Sri Chandeshwar Mahto said to be father of Satyendra Kumar has also made endorsement that Satyendra Kumar is not his son. The Registrar General has finally held in enquiry report that Sri Satyendra Kumar is a fake person, who was identified by Sri Bishnudeo, Advocate Clerk No.3313 (petitioner). Keeping in view the serious allegation against this petitioner of identifying a fake person at the time of swearing affidavit in this Court, which got proved by the enquiry conducted by the Registrar General of this Court, I am not inclined to extend the privilege of anticipatory bail to the petitioner.

Prayer is rejected.

Patna High Court Cr.Misc. No.14524 of 2017 (2) dt.29-03-2017 3/3 The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T