Vishnu Deo Thakur @ Vishundeo Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1458 of 2016 Arising Out of PS.Case No. -161 Year- 2009 Thana -PUPRI District- SITAMARHI ======================================================

1. VISHNU DEO THAKUR @ VISHUNDEO THAKUR Son of Late Suryadeo Thakur, resident of village- Bakhtiyarpur, P.S.- Chakmahesh, District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar, Advocate For the Opposite Party/s : Mr. Ramesh Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 472, 120B/34 of the Indian Penal Code.

The prosecution case is that the informant and other police officials raided the house of one Debanlal and apprehend one person, who disclosed his name as Bachu Mishra.

On search, several forged and fabricated certificates of the University and other Board Offices were

Patna High Court Cr.Misc. No.1458 of 2016 (2) dt.12-01-2016 recovered from the house of the petitioner. The said Bachu Mishra disclosed the name of his associate including the petitioner, who involved in the illegal act of preparing forged documents.

It is submitted by the learned counsel for the petitioner that petitioner was a Block Education Officer at that time and retired on 30.09.2015 and for the first time the police enquired about the petitioner by transmitting the letter of Harlakhi Police Station on 03.10.2015. The investigation is still pending against the petitioner.

Considering the fact that petitioner's name sprang up only on confession of co-accused Bachu Mishra and statement has been made in para-3 of the petition that petitioner has no criminal antecedent, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Pupri P.S. Case No. 161 of 2009, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit to the effect that he will cooperate during investigation. The said affidavit will be

Patna High Court Cr.Misc. No.1458 of 2016 (2) dt.12-01-2016 transmitted to the concerned I.O. The non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bond of the petitioner.

(Dinesh Kumar Singh, J) P.K./- U T