Shri Birendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16809 of 2015 Arising Out of PS.Case No. -358 Year- 2013 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Shri Birendra Kumar Singh S/o Basudeo Singh R/o Rajputana Tola, P.S. Goha, Distt. Aurangabad.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pravin Kumar Sinha For the Opposite Party : Mr. Dr. Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 30-06-2015 Heard both sides.

The petitioner seeks bail in Daudnagar P.S. case no. 358 of 2013 registered for the offences punishable under Section 467,468,406, 420, 353 and 120B/34 of the IPC lodged by the G.R. clerk of the Civil Court in pursuance of an enquiry which was initiated by the Court on finding certain interpolation in the Annexures to the F.I.R. which was annexed by the petitioner. Learned counsel for the petitioner submits that according to the First Information Report, the interpolation was made on 26.11.13 whereas in the bail application filed by the accused of Goh P.S. case no. 132 of 2012 the said document was enclosed as Annexure by the petitioner thereof which prima facie indicates that forgery in the document was made prior thereto. It has also been submitted that the G.R. clerk who is the informant of this case was found prima facie responsible and has since been

Patna High Court Cr.Misc. No.16809 of 2015 (3) dt.30-06-2015 2/2 dismissed from service.

Petitioner is languishing in custody since 24.12.2014. Considering the facts aforesaid, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Daud Nagar, Dist. Aurangabad , in connection with Daud Nagar P.S. case no. 358 of 2013 subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) As soon as the charges are framed the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T