Sundaram Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42712 of 2019 Arising Out of PS. Case No.-238 Year-2019 Thana- BIHARSHARIF District- Nalanda ====================================================== SUNDARAM BHARTI Son of Lalan Baba @ Lalan Bharti Resident of Village-Harnaut, Dakbunglaw Road, P.S.-Harnaut, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Bihar P.S. Case No. 238 of 2019, instituted for the offence under Section(s) 467, 468, 471, 472, 420 and 379/34 of Indian Penal Code. It is alleged in the written report that on the date of occurrence petitioner was found sitting near the table of Sri Dinesh Das, Notary Public. The informant on getting suspicion, 18 affidavit forms bearing wrong Sl. Nos. along with Stamp as well as Welfare Stamp affixed on the affidavit forms which was found forged and fabricated recovered from his possession. He disclosed that said affidavit forms were brought by him on the request of Chandradeo Prasad Singh, retired Panchayat Supervisor, Harnaut Block, for handing over the same to Sri

Patna High Court CR. MISC. No.42712 of 2019(2) dt.16-07-2019 2/2 Dinesh Das, Notary Public. He also gave Mobile number of Chandradeo Prasad Singh who had requested the petitioner to deliver the aforesaid stamp to Sri Dinesh Das, Notary Public of Nalanda District Bar.

In this manner, from the written report it appears that main allegation is against Dinesh Das, Notary Public, who was using forged paper for doing the affidavit and not against the petitioner. Petitioner has been implicated in the case merely on suspicion having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Biharsharif P.S. Case No. 238 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T