Prabhat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16588 of 2018 Arising Out of PS. Case No.-854 Year-2017 Thana- JAHANABAD District- Jehanabad ====================================================== Prabhat Kumar, Son of Late Paras Nath Prasad Singh, Resident of village Bindi Dih, P.S.- Silao, District Nalanda at present Clerk (under suspension), Civil Court, Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar For the Opposite Party/s :
Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Jehanabad P.S. Case No. 854 of 2017 registered for the offence punishable under Sections 466, 468, 471, 420 of the Indian Penal Code. Allegation against the petitioner is of cheating. It has been submitted that the petitioner is innocent and has been falsely implicated in this case. It has been submitted on behalf of the petitioner that at the relevant point of time petitioner was deputed in the court of A.D.J-2, Jehanabad and on the relevant date the Bench Clerk was on leave from 28.10.2017 to 05.11.2017 and the
Patna High Court Cr.Misc. No.16588 of 2018(3) dt.13-04-2018 2/3 petitioner was directed to discharge the function of the Bench Clerk. A.D.J.-2 generally used to pass some verbal order and thereafter used to give dictation in his chamber or at his residential chamber, which was being typed by the Steno including the bail order in question. On 30.10.2017, 31.10.2017 the learned Presiding Officer heard several bail applications and on 31.10.2017 altogether 29 bail bonds were filed and all the files were in the Chamber of the learned Presiding Officer. The office after checking the bail bonds placed the same before the Presiding Officer, in the concerned file including the present file in question.
Thereafter the Presiding Officer accepted the bail bonds and sent the same to the office on the basis of which release orders were issued and again lot of the bail bonds and release orders were placed before the learned Presiding Officer who signed the release order and thereafter the release orders were sent to the concerned jail by the office. Petitioner has got no criminal antecedent and is in custody since, 24.01.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on
Patna High Court Cr.Misc. No.16588 of 2018(3) dt.13-04-2018 3/3 bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-cum-Sub Judge-I, Jehanabad in connection with Jehanabad P.S. Case No. 854 of 2017.
(S. Kumar, J) ranjan/- U