Raj Kishore Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52005 of 2015 Arising Out of PS.Case No. -273 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raj Kishore Das S/O Late Chulahai Das, Resident of Village- Ghorasahan, P.S.- Ghorasahan, District- East Champaran, .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.52264 of 2015 Arising Out of PS.Case No. -273 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramashish Prasad @ Ramashish Paswan son of Late Shiv Dayal Paswan, resident of Rajopatti, P.S.- Sitamarhi, District- Sitamarhi, presently posted as Anchal Nazir, Ghorasahan Anchal, P.S.- Ghorasahan Dist- East Champaran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.52005 of 2015) For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sanjay Kr.Pandey(App) (In Cr.Misc. No.52264 of 2015) For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Smt. Suman Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-11-2015 In both bail petitions, petitioners, who are in custody in connection with Ghorasahan P.S. Case No.273/2015 registered for the offence under Sections 447,467,468,471, 472, 406,409, 420, 120B/34 of the Indian Penal Code, have prayed for grant of bail
Patna High Court Cr.Misc. No.52005 of 2015 (2) dt.30-11-2015 2/3 and, as such, both bail petitions were heard together. Heard learned counsel for the petitioners and learned Addl. Public Prosecutor.
Learned counsel for the petitioners have argued that only on suspicion the petitioners were made accused and on the suspicion that some persons had assembled in the office of the Circle Officer and were trying to interpolate the documents, six persons were apprehended. The petitioner Raj Kishore Das ( in Cr.Misc.No.52005 of 2015), who was arrested, was not having any connection with the Office and petitioner Ramashish Prasad @ Ramashish Paswan ( in Cr.Misc.No.52264 of 2015) was arrested on the same day. It was disclosed that the petitioner Ramashish Prasad was Anchal Nazir and in his presence other accused were doing some interpolation. However, it was argued that nothing has been brought on record to suggest as to which document was interpolated. Moreover, it was argued that out of arrested persons, three accused have been granted bail.
One Jai Mangal Rai @ Jai Mangal Prasad Yadav @ Jai Mangal Prasad has been granted bail vide order dated 04.11.2015 passed in Cr.Misc.no.49180 of 2015 . Accused Mahendra Prasad and Ram Janam Prasad have been granted bail vide order dated 07.10.2015 passed in Cr.Misc. No.47034 of 2015.
Patna High Court Cr.Misc. No.52005 of 2015 (2) dt.30-11-2015 3/3 Learned Addl. Public Prosecutor has opposed the prayer for bail of the petitioners. However, he was not in a position to distinguish the case of the petitioners to other accused persons, who have been granted bail.
Keeping in view the fact that in almost similar accusation, other accused persons have been granted bail, let the petitioners, namely, (i) Raj Kishore Das ( in Cr.Misc.No.52005 of 2015) (ii) Ramashish Prasad @ Ramashish Paswan ( in Cr.Misc.No.52264 of 2015) be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahana at Motihari, East Champaran in connection with Ghorasahan P.S. Case no.273/2015.
(Rakesh Kumar, J) NKS/- U