Vishwajeet Kumar @ Pinku Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47122 of 2019 Arising Out of PS. Case No.-475 Year-2016 Thana- DANAPUR District- Patna ====================================================== Vishwajeet Kumar @ Pinku Jaiswal, aged about 20 Years, Gender-Male, Son of Late Rajendra Prasad Jaiswal Resident of Gurudwara Road, P.S. Danapur, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Kumar Sinha, Advocate For the Opposite Party :

Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 467, 468, 471, 419, 420 and 120(B) of the Indian Penal Code registered in connection with Danapur P.S. Case No. 475 of 2016.

3. It is submitted that the petitioner has been falsely implicated and in any event, he was juvenile on the date of occurrence. The birth certificate alleged to be forged has in fact been found to be genuine in terms of letter no. 2096 dated 27.08.2018 (Annexure-4) issued by the Executive Officer, Nagar Parishad, Danapur. It is therefore submitted that the very foundation for the accusation of furnishing false birth certificate does not subsist.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Danapur in connection with

Patna High Court CR. MISC. No.47122 of 2019(2) dt.30-07-2019 2/2 Danapur P.S. Case No. 475 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T