Shivji Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33778 of 2017 Arising Out of PS.Case No. -67 Year- 2008 Thana -EKMA District- SARAN ======================================================
1. Shivji Singh, son of Late Saryug Singh,
2. Dinesh Kumar Singh @ Dinesh Ku. Singh,
3. Shailendra Kumar Singh @ Shailendra Ku. Singh, Both 2 and 3 are Sons of Sri Shivji Singh, All are Resident of Village- Mane, Police StationEkma, District- Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi S. Pankaj, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2017 Heard the parties.
The petitioners are apprehending their arrest in connection with Ekma P.S.Case No.67 of 2008 dated 1.8.2008 corresponding toG.R.No.2214 of 2008 registered for offences punishable under Sections 341, 323, 379, 467, 468, 471 and 34 of the Indian Penal Code.
Allegation as per F.I.R. is that by forged signature, the petitioners got mutation in their favour and they are beneficiaries.
Submission of the learned counsel for the petitioners is that there is land dispute between the parties for the partition among the parties and the allegation of creating forged signature is
Patna High Court Cr.Misc. No.33778 of 2017 (2) dt.20-07-2017 2/3 against the another co-accused person.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-1st, Saran at Chapra in connection with Ekma P.S.Case No.67 of 2008 dated 1.8.2008, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bond.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/-
Patna High Court Cr.Misc. No.33778 of 2017 (2) dt.20-07-2017 3/3 U