Gaurav Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28129 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -BANGAON District- SAHARSA ======================================================

1. Gaurav Kumar Singh Son of Shankar Prasad Singh

2. Pintu Kumar Singh Son of Ganesh Singh

3. Md. Muslim @ Muslim @ Musallam Son of Md. Samshul. All are resident of Village- Rahua Mani, P.S. Bangaon, District- Sahara,. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 420, 465, 467, 468, 471, 384 and 120(B)/34 of the Indian Penal Code.

Allegation against the petitioners is of committing offence of cheating and forgery by creating forged and fabricated document by changing the name of the informant and his father and also used to purchase stamp paper.

It has been submitted on behalf of the petitioners that the petitioners has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.28129 of 2017 (2) dt.06-07-2017 2/2 petitioners. The petitioners have been made accused due to mistake of fact. Petitioner No.1 is the vendee of co-accused Shankar Kamat. As far as the petitioner Nos.2 and 3 are concerned, they are the witnesses on the sale deed. No wrongful gain has been made on the part of the petitioners. The main allegation is against the co-accused, namely, Shankar Kamat. The matter relates to civil dispute.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1st, Saharsa in connection with Bangaon P.S. case No.18 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T