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Patna High CourtCR. MISC./71031/2022disposed

Arjun Singh v. The State Of Bihar

2023-04-04Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71031 of 2022 Arising Out of PS. Case No.-469 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== ARJUN SINGH S/O RAMJI SINGH Resident of Village- Ayus Nagar, Imamganj, in front of New King Katahari Bag, P.S.- Nagar, District- Saran at Chapra at present West of Jagdamba College, P.S.- Chapra Muffasil, DistrictSaran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindhyachal Singh, Sr. Advocate : Mr.Ram Binod Singh, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2023 Heard Mr. Bindhyachal Singh, learned senior counsel appearing for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered for the offence under Sections 420,467,468,469,471,472/34 of the Indian Penal Code.

The case relates to recovery of 116 forged e-court stamps (worth Rs. 95+5=100 per e-court fee) from possession of the petitioner and one non-judicial stamp of Rs. 100/- from coaccused Sandeep Kumar. Learned senior counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits

Patna High Court CR. MISC. No.71031 of 2022(2) dt.04-04-2023 2/3 that it appears from the FIR as well as seizure list that 116 forged e-court stamps have been recovered from possession of the petitioner. Further submits that in fact nothing has been recovered from possession of the petitioner rather the police has planted the same and shown that the recovery has been made from possession of the petitioner and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 30.07.2022. Considering the aforesaid fact, let the petitioner, above named, be released on bail after framing of the charges on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Nagar P.S. Case No. 469 of 2022, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.71031 of 2022(2) dt.04-04-2023 3/3 for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T