S. M. Sanaullah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49339 of 2017 Arising Out of Complaint Case No. -123 Year- 2017 District- PATNA ====================================================== S. M. Sanaullah aged about 65 Years, S/o Late Haji Badruddin, R/o Mohalla- Pathar Ki Masjid Dargah Road Mahendru, P.S.- Sulatanganj, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Pramod Kumar Not Known, Office Clerk, Sub Judge VI, Civil Court Patna City, District- Patna.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Vikramdeo Singh, Advocate Mr. Kamal Kishore Singh, Advocate For the State : Sri Amit Kumar Rakesh, APP For the Patna Civil Court : Mr. Mrigank Mauli, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned counsel appearing for the informant Pramod Kumar, a clerk in the office of Patna City Civil Court.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 123 of 2017 C.B. Case No. 4 of 2017 under Sections 258, 259, 260, 418, 420 and 120-B of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that from the report of the Treasury Officer, Patna, it

Patna High Court Cr.Misc. No.49339 of 2017 (3) dt.09-11-2017 2/3 does not appear that the court fee stamps used by the co-accused Baijnath Prasad Singh are forged and fabricated. Further, the co-accused Baijnath Prasad Singh has already been granted prearrest bail by the court below. He submitted that there is lack of material to show that the alleged stamps were sold by the petitioner. He submitted that there is no proper inquiry into the material and such issue could have been investigated by the police after taking report from the forensic science laboratory. On the other hand, learned counsel appearing for opposite party no. 2 submitted that the Treasury Officer, Patna in his report stated that the three court fee stamps of Rs.1000/- were not issued by the Treasury Office, Patna. He submitted that in view of the gravity of the offence, the petitioner is not entitled to be granted pre-arrest bail.

Regard being had to the facts and circumstances of the case, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna City in Complaint Case No. 123 of 2017 C.B. Case No. 4 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or

Patna High Court Cr.Misc. No.49339 of 2017 (3) dt.09-11-2017 3/3 surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J.) Kanchan/- U T