Surendra Prasad @ Rameshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69523 of 2021 Arising Out of PS. Case No.-254 Year-2021 Thana- CIVIL LINE District- Gaya ====================================================== SURENDRA PRASAD @ RAMESHWAR PRASAD S/o Late Parasnath Verma Resident of Rasalopur Manpur, P.S.- Muffasil, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Ratan Kumar, Advocate For the Opposite Party/s :
Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
Learned counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the main petition. The petitioner is apprehending his arrest in a case registered under Sections 420, 406, 409, 467, 468, 471, 419, 385 and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.69523 of 2021(2) dt.17-02-2022 2/3 The prosecution allegation, in short, is that the accused persons committed forgery by impersonating to be owner of land.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner is a deed writer to the sale deed in question. No wrongful gain or wrongful loss has been caused by the act of petitioner. The sale deed is in favour of the coaccused. The matter relates to civil dispute. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances, the
Patna High Court CR. MISC. No.69523 of 2021(2) dt.17-02-2022 3/3 petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bonds to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Civil Lines P.S. Case No. 254 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T