Madhoran Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74131 of 2022 Arising Out of PS. Case No.-121 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== MADHORAN SINGH S/o Late Rajendra Singh R/o Village- Kutari, P.S.- Warisaliganj, Distt- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chakrapani, Adv.
Mr. Sanjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP For the Informant : Mr. Deepak Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
Petitioner seeks bail, who is in custody since 08.08.2022, in connection with Warisaliganj P.S. Case No. 121/2018, F.I.R. dated 23.04.2018, for the offences punishable under Sections 166, 201, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
According to prosecution case, the allegation against the petitioner is that the petitioner was the beneficiary of the medical report, which was submitted by the doctor of Warisaliganj P.S. Case No. 181/2015.
Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case.
Patna High Court CR. MISC. No.74131 of 2022(2) dt.17-04-2023 2/3 He further submits that it appears from the F.I.R. that the allegation against the petitioner is that the petitioner was the beneficiary of the medical report, which was submitted by the doctor of Warisaliganj P.S. Case No. 181/2015. Learned counsel for the petitioner further submits that from bare perusal of the F.I.R. it appears that the petitioner has no concern at all with the allged medical report and for that the informant has already lodged a case against the doctor namely, Dr. Sanjit Kumar, who has been granted bail by a co-ordinate Bench of this Court vide order dated 02.02.2023 passed in Cr. Misc. No. 58645/2022. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 08.08.2022.
The learned counsel for the informant as well as learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries two criminal antecedent other than the present one but fairly submits that the petitioner is the beneficiary of medical report, which was furnished by co-accused namely, Dr. Sanjit Kumar.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.74131 of 2022(2) dt.17-04-2023 3/3 amount each to the satisfaction of the learned A.C.J.M.-IV, Nawada, in connection with Warisaliganj P.S. Case No. 121/2018, subject to 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 absence on two consecutive dates without sufficient reason, his 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 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) amit/- U T