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Patna High CourtCR. MISC./40392/2016bail granted

Uma Shankar Prasad @ Uma Shankar Yadav v. The State Of Bihar

2016-09-29Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40392 of 2016 Arising Out of PS.Case No. -193 Year- 2015 Thana -KOTWALI District- PATNA ======================================================

1. Uma Shankar Prasad @ Uma Shankar Yadav son of Ram Sakal Yadav Resident of Village-Khajuriya, P.S.-Sidhwalia, District-Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 181, 193, 468, 471, 120(B) of the Indian Penal Code.

Petitioner was in custody in connection with Gopalganj P.S. Case No. 274 of 2013 registered under Section 379 of the Indian Penal Code and a bail petition was moved on his behalf before a co-ordinate Bench of this court and in the said bail petition, some forged documents were produced. The co-ordinate Bench of this court granted bail to petitioner in Gopalganj P.S. Case No. 274 of 2013 but subsequently, when it was brought to the notice of this court that forged documents had been used, the

Patna High Court Cr.Misc. No.40392 of 2016 (2) dt.29-09-2016 2/2 co-ordinate Bench of this court cancelled the bail granted to petitioner in Gopalganj P.S. Case No. 274 of 2013 and also directed the Registrar General of this court to lodge a criminal case against the petitioner. Accordingly, the present case has been lodged against the petitioner.

Submission on behalf of the petitioner is that at the time of use of so-called forged documents petitioner was in jail custody so he cannot be made responsible for preparation and use of forged documents.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 193 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T