Jagarnath Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12533 of 2017 Arising Out of PS.Case No. -262 Year- 2016 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Jagarnath Choudhary, S/o Late Budhu Choudhary,

2. Gulabchand Choudhary, S/o Jagarnath Choudhary, Both are resident of Village- Lalpur, Ward No. 14, P.S.- Chhatapur, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-03-2017 The petitioners are apprehending their arrest in connection with Chhatapur P.S. Case No. 262 of 2016, registered for offences punishable under Sections 420, 467, 468, 471 and 120 of Indian Penal Code.

It has been submitted on behalf of the petitioners that they have been falsely implicated in this case. It is alleged that on the basis of forged MBBS Md. And M.S. Doctor certificate, they are running the medical shop, however, the petitioners are not doctor and they are only running a medical shop, for which the possess valid license in the name of petitioner no. 2. It has further been submitted that the present case has been lodged by the own brother of petitioner no. 1 as there was partition suit going on between them and petitioner no. 1 has also lodged an F.I.R against

Patna High Court Cr.Misc. No.12533 of 2017 (2) dt.29-03-2017 2/3 the informant and his son with respect to some other occurrence. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation and also that petitioners have no criminal antecedents, as such, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-II, Supaul in connection with Chhatapur P.S. Case No. 262 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates

Patna High Court Cr.Misc. No.12533 of 2017 (2) dt.29-03-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T