Ashok Kumar @ Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66799 of 2022 Arising Out of PS. Case No.-124 Year-2019 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== Ashok Kumar @ Ashok Singh S/O Chandardeo R/O Village- Walipur, P.SPipariya, District- Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manju Singh W/O Gopal Prasad Singh @ Braj Mohan Prasad Singh R/O Village- Walipur, P.S- Pipariya, District- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Complaint Case No. 124C of 2019 registered for the offence under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code (for short 'I.P.C.').

The accused/petitioner is named in the F.I.R. and is in custody since 08.09.2022.

Patna High Court CR. MISC. No.66799 of 2022(2) dt.23-02-2023 2/3 The allegation against the petitioner is to attest sale deed as an attesting witness/identifier which later on found disputed for which the allegation of cheating and forgery was raised by informant against other co-accused persons. Learned counsel appearing on behalf of the petitioner submitted that the thrust of allegation, as regard to cheating and forgery, is not available against this petitioner and the maximum allegation, which is available, is to attest the sale deed. It is further submitted that petitioner is not a beneficiary in any manner out of alleged transaction. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP for the State opposes the prayer of bail. Considering the facts and circumstances as mentioned above and by taking note of the fact, as petitioner is an attesting witness coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Complaint Case No. 124C of 2019 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.66799 of 2022(2) dt.23-02-2023 3/3 Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T