Pramod Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.7312 of 2018 (3) dt.18-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7312 of 2018 Arising Out of PS.Case No. -164 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Pramod Kumar Singh, S/o Ram Ishwar Singh, Resident of VillageSahjadpur Andar Quila, P.S.- Hajipur Town, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-04-2018 Heard both sides.

The petitioner apprehends his arrest in Hajipur(Town) P.S. Case No.164 of 2016 registered under Sections 420, 467, 468, 471, 472, 120 and 34 of the Indian Penal Code. The learned counsel for the petitioner submits that prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 26.07.2016 passed in Cr. Misc. No.22631 of 2016 on the ground that the petitioner impersonated Abhimanyu Kumar Singh, the informant and forged his signature on the sale deed but the true facts are that Abhimanyu Kumar Singh executed a deed of power of attorney authorized the petitioner to execute the sale deed on his behalf. The petitioner executed the sale deed and put his own signature as Pramod Kumar Singh on the sale deed (Annexure 3). The petitioner never forged the signature or thumb

Patna High Court Cr.Misc. No.7312 of 2018 (3) dt.18-04-2018 impression of Abhimanyu Kumar Singh on the sale deed. The learned counsel for the informant as well as learned A.P.P. however opposed the prayer for anticipatory bail but at the same time, did not controvert this fact that the petitioner himself executed the sale deed on the basis of power of attorney and the petitioner did not forge the signature of Abhimanyu Kumar Singh.

Considering the facts aforesaid that the petitioner executed the sale deed in the capacity of holder of power of attorney and did not execute the sale deed and never forged the signature of Abhimanyu Kumar Singh on the sale deed, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail 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, Vaishali at Hajipur in connection with Hajipur (Town) P.S. Case No.164 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T