Ravindra Prasad Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60037 of 2017 Arising Out of PS.Case No. -200 Year- 2005 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Ravindra Prasad Jaiswal S/o Manik Chand Jaishwal, R/o Bhabua , P.S.- Bhabua, District- Kaimur at Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bhabua P.S. Case No. 200 of 2005, G.R. No. 749 of 2005 instituted for the offence under Sections 420,467,468,469 of the IPC.
In the written report, there is allegation against the petitioner that petitioner and other accused person received benefit under the scheme of Prime Minister Employment Scheme, on the basis of fake Income Certificate, Caste Certificate and Domicile Certificate.
Counsel for the petitioner has submitted that during course of investigation the document of the petitioner and three other were found to be true and finally on 24.06.2009 police has found case untrue against the petitioner and three other co-accused
Patna High Court Cr.Misc. No.60037 of 2017 (3) dt.20-12-2017 2/3 and submitted final report against them but submitted charge-sheet against ten accused persons under Section 420,467,468,469 of the IPC. But without going through the final form submitted by the police, the learned Magistrate took cognizance against all fourteen accused persons, including this petitioner.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bhabhua P.S. Case No. 200 of 2005, G.R. No. 749 of 2005 to the satisfaction of learned A.C.J.M.-I, Kaimur at Bhabua subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case,
Patna High Court Cr.Misc. No.60037 of 2017 (3) dt.20-12-2017 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) khushbu/- U T