Sohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48873 of 2022 Arising Out of PS. Case No.-264 Year-2022 Thana- BAKHTIYARPUR District- Patna ====================================================== Sohan Kumar Son of Late Ramvriksh Mochi Resident of village - Dedaur, P.S.- Bakhtiyarpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.
According to the prosecution case, the petitioner got a P.D.S. shop with the help of forged document of his father related to age proof and got the compassionate benefit of his father.
Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.48873 of 2022(2) dt.12-12-2022 2/3 implicated in the present case. He further submits that he has got P.D.S. dealership on the basis of compassionate appointment. He further submits that the allegation against the petitioner is that he filed forged and fabricated document for obtaining the P.D.S. dealership on compassionate ground. He further submits that the petitioner has filed the documents as furnished by the competent authority and the petitioner has not furnished any false and fabricated documents. He further submits that after filing of the present F.I.R., the dealership in question of the petitioner has been terminated by the competent authority. The learned counsel for the State has vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bakhtiyarpur P.S. Case No.
Patna High Court CR. MISC. No.48873 of 2022(2) dt.12-12-2022 3/3
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T