Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62419 of 2017 Arising Out of PS.Case No. -261 Year- 2016 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Sagar Kumar, Son of Jamidar Mahto, resident of Village- Sanha Paschim Tola, Police Station- Sahebpur Kamal, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate. For the Opposite Party/s : Mr. Dinesh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sahebpur Kamal P.S. Case No. 261 of 2016 instituted for the offence under Sections 419, 420, 466, 467, 468, 469 and 471 of the Indian Penal Code. It is alleged in the written report that land of Khata No. 787, Khesra No. 2922, area 10 decimal was gifted by Ram Bachan Singh for PACS godown in the name of Governor of Bihar. The petitioner is said to be attesting witness of the aforesaid gift deed. In the written report there is allegation that when the deed of gift was presented for registration, then signature of Circle Inspector and Circle Officer was found to be forged.

Learned counsel for the petitioner has submitted that he has no concern with the signatures of Circle Inspector and Circle Officer. He is merely a attesting witness of aforesaid deed of gift.

Patna High Court Cr.Misc. No.62419 of 2017 (2) dt.21-12-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sahebpur Kamal P.S. Case No. 261 of 2016, he shall be released on anticipatory 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, Begusarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.