Krishna Kant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60051 of 2024 Arising Out of PS. Case No.-786 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.
Krishna Kant Singh Son of Ranjit Bahadur Singh R/O 131, Sanskriti Apartment 19 B, Dwaraka Sector-23, Dist.- Dwaraka, New Delhi. 2.
Pramila Singh Wife of Krishna Kant Singh R/O 131, Sanskriti Apartment 19 B, Dwaraka Sector-23, Dist.- Dwaraka, New Delhi. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyapal Singh, Advocate For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Darbhanga Sadar P.S. Case No. 786 of 2023 dated 14.11.2023 instituted for the offence punishable under Section 205, 467, 468, 471, 506, 120B of the Indian Penal Code.
3. The prosecution case, in short, is that on 10.08.2023, one Manoj Kumar impersonated himself as Shekhar Ranjan Vardhan, signed a complaint against the informant and placed before Sri Prahlad Singh Patel, Minister of State for Jal Shakti and Food Processing Industries, Government of India at New Delhi and the other co-accused persons including the petitioners accompanied him. It is further alleged that said Manoj Kumar and
2/4 his companion members requested the Minister and succeeded to forward the said application to Sri Amit Shah, Home Minister, Government of India, North Block, New Delhi.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that on 10.08.2023, the person, namely, Manoj Kumar, petitioner nos. 1 & 2 and Col. Ajay Kumar came to meet at the office of Union Minister of State for Jal Shakti and Food Processing Industries, Sri Prahlad Singh Patel at 7B Janpath, New Delhi and the team was led by the person namely, Manoj Kumar and in the meeting, he called himself as Shekhar Ranjan Vardhan. Learned counsel for the petitioners further submits that Manoj Kumar himself being Shekhar Ranjan Vardhan submitted complaint letter to the Union Minister of State for Jal Shakti and Food Processing Industries.
Allegation against the petitioners is that they came with the said Manoj Kumar who committed false identification by preparing a complaint with fake signature of Shekhar Ranjan Vardhan. Learned counsel for the petitioners further submits that Manoj Kumar committed the said act in conspiracy with the petitioners. Neither there is any allegation against the petitioners nor they defalcated any amount nor they committed any act. Petitioner no. 1 is retired Group Captain of Indian Air Force.
3/4 submits that the main allegation is against the co-accused Manoj Kumar and the names of the petitioners were inserted because they were helping Manoj Kumar. It is also submitted that prior to present case, co-accused Ajay Kumar had already filed a prelitigation case before the District Legal Service Authority, Ranchi bearing Pre-Litigation Case No. 352 of 2023 against the present informant namely, Vinay Kumar Singh. The said Manoj Kumar had already been filed complaint case bearing Complaint Case No. 9416 of 2023 before the learned J.M.F.C-III, Ranchi on 28.08.2023 against the present informant. Petitioner no. 1 has already filed complaint against the informant before the Board of Discipline, Disciplinary Directorate, New Delhi in which the present informant has been found to be guilty and the Board fined Rs.
10,000/- against the present informant prior to the institution of F.I.R. Learned counsel for the petitioners further submits that there is specific allegation against the co-accused, namely, Manoj Kumar, who made the signature of Shekhar Ranjan Vardhan on the complaint letter dated 10.08.2023 which was submitted to the Hon'ble Union Minister. Lastly, it has been submitted that petitioner no. 1 has one criminal case against him while petitioner no. 2 has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
4/4
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Darbhanga Sadar P.S. Case No. 786 of 2023, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) premchand/- U T