Lal Saheb @ Tarun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66622 of 2019 Arising Out of PS. Case No.-439 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== LAL SAHEB @ TARUN KUMAR Son of Karpuri Thakur Resident of Village- Chandmari, P.S.- Motihari Town, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 420, 423, 467, 468, 471, 427, 473, 120B, 34 of the Indian Penal Code.

Prosecution case, in short, is that on 10.07.2018, the informant Anand Kumar submitted his written report before the learned Chief Judicial Magistrate, East Champaran alleging therein that on 08.07.2018 he received information through Pipra P.S., that the petitioner namely Lal Saheb @ Rarun was arrested in connection with Pipra P.S. Case No. 173 of 2018 under section 414 IPC, and 25(1-b) 26, 35 of the Arms Act and he got transferred his case to the Juvenile Justice Board Motihari from the court of the learned Chief Judicial Magistrate on the basis of forged certificate, and after taking leave of two

Patna High Court CR. MISC. No.66622 of 2019(2) dt.06-11-2019 2/2 days the said accused committed crime with in Pipra P,S. It further stated that as per matriculation certificate who had passed in the year 2012 from Mangal Ceminary High School, Motihari, his date of birth is 05.09.1997 and said accused got prepared forged school transfer certificate from Rajkiya Madhya Vidyalaya, Chiraiya showing his dated of birth as 09.07.2002. Petitioner's father Karpuri Thakur submitted false documents with false affidavit in the court.

It has been submitted on behalf of the petitioner that the petitioner had disclosed his correct date of birth and year of matriculation, which are 05.09.1997 and 2012. He further submits that charge-sheet has already been submitted and the petitioner is languishing in judicial custody since 16.08.2018. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Town Police Station Case No. 439 of 2018.

(Anjani Kumar Sharan, J) devendra/- U