Jitendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51754 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== 1.
JITENDRA SINGH Son of Late Shivmandal Resident of Village - Sahabajawa, Ward No.-15, Police Station- Majhauliya, District - West Champaran.
2.
Pawan Kumar Singh @ Pawan Kumar Son of Jitendra Singh Resident of Village - Sahabajawa, Ward No.-15, Police Station- Majhauliya, District - West Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.A.G, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-01-2023 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in connection with Official Complaint No. 01 of 2021 instituted under Sections 420, 468, 471(c) of the Indian Penal Code. As per the prosecution story, the petitioner No. 2 after grant of bail submitted bail bond which was forged and fabricated inasmuch as the stamp paper was purchased on 17.12.2021 whereas the bond was filed on 1.10.2021 and in that backdrop, the present FIR was lodged.
Learned counsel for the petitioners submit that only
Patna High Court CR. MISC. No.51754 of 2022(2) dt.12-01-2023 2/3 due to date, this FIR has been lodged and it is not the case of the informant that the document has been verified and the same has been found to be a counterfeit stamp paper. May be while the purchase made by the brother-in-law of petitioner No. 1, namely Subodh Rao, the date was wrongly incorporated. Learned APP on the other hand submits that the genuineness of the document is in question.
Taking into account the fact that the submission put forward by the petitioners that due to the discrepancy in the date, the FIR has been lodged. However, the perusal whereof does not show that they have come to the conclusion that it is a counterfeit stamp paper and ultimately the petitioners have to face the trial and will be available to the police as and when required during the course of investigation, this Court is inclined to grant them relief.
Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Official Complaint No. 01 of 2021 to the satisfaction of learned District and Sessions Judge, West Champaran, Bettiah, Bihar, subject to the
Patna High Court CR. MISC. No.51754 of 2022(2) dt.12-01-2023 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Ravi/Ajay Singh/- U T