Mritunjay Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52495 of 2015 Arising out of PS.Case No. -801 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Mritunjay Prasad Singh, son of Sri Jitendra Kumar Singh, resident of village- Munji, Police Station-Karakat, District- Rohtas at Sasaram. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ramchandra Singh, Advocate. For the Opposite Party : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Sasaram (Model) P.S. Case No. 801 of 2015 for the offences instituted under Sections 467, 468, 471 and 406 of the IPC. The prosecution story, in brief, is that an application dated 14.07.2015 alongwith 25 pages Anulagnak was submitted by the Assistant Commissioner, Excise, Rohtas at Sasaram before the Officer-in-Charge, Sasaram (Model) Police Station and alleged therein that Mritunjay Prasad Singh has deposited security money during settlement period, in connection with settlement of country
2/4 made liquor Shops (Tenduni, Dehri Road Bikramganj and Shivpur Halt as a Samuh No. 56) for the Financial Year 2015-2016 on three year fixed deposit documents, Pass Book issued by the Post Office Munji and he also deposited security money of Allahabad Bank guarantee documents for Settlement of Country made liquor Shops(Gunsej, Lilwachh and Ganj Bhadasra as Samuh No. 73) for the financial year 2015-2016. It is further alleged that during the inquiry vide Letter No. 1148 dated 01.07.2015 issued by the Up Dakghar Bikramganj, and it is found that the total amount of Rs. 20,50,000/- documents, issued by the Post Office Munji, is fake and fabricated. It is further alleged that during the enquiry through the Letter No. 783 dated 07.05.2015 and Letter No. 1184 dated 01.07.
2015 issued by the Allahabad Bank, Karakat, and it is found that the total amounts of Rs. 6,49,500/- in connection with settlement Samuh No. 73, issued in the name of Allahabad Bank, Karakat, is fake. It is further stated that thereafter total 6 shops in connection with settlement Samuh Nos. 56 and 73 have been suspended and locked. Thereafter, explanation was called for through the Letter No. 1248 dated 07.07.2015 and explanation have been submitted on 10.07.2015 by the petitioner Mritunjay Prasad Singh and Licenses of liquor shops in connection with Samuh Nos. 56 and 73 have been cancelled.
3/4 have been communicated to the District Magistrate, Rohtas. Therefore, the legal action may be taken against Mritunjay Prasad Singh.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has been made accused in the present case due to mistake of fact. No fake document has been deposited by the petitioner. It is further submitted that the petitioner is ready to deposit an amount of Rs. 5,00,000/- in the court below which shall be subject to final disposal of the case.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 5,00,000/- in the court below which shall be subject to final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Sasaram (Model) P.S. Case No. 801 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Rohtas at Sasaram, subject to the conditions as
4/4 laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T