Ram Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79831 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- MANJHI District- Saran ====================================================== Ram Narayan Singh, aged about 65 years, male, Son of Late Keshari Singh, Resident of Village - Lakath Chapra, P.S.- Rasulpur, Distt. - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 31-08-2021 Heard Mr. Chandra Mohan Jha, the learned Advocate for the petitioner and Mr. Ashok Kumar Singh, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Manjhi P.S. Case No. 76 of 2019, dated 27.03.2019, instituted for the offence under Section 420 of the Indian Penal Code.

The accusation against the petitioner is of having

Patna High Court CR. MISC. No.79831 of 2019(5) dt.31-08-2021 2/3 issued two death certificates at two different times of one person. As such, the District Magistrate of the concerned district has directed for lodging of the F.I.R. against him. The learned counsel for the petitioner has submitted that the certificate appears to have been issued during the tenure of service of the petitioner from which he has retired in the year 2013. It has further been submitted that with respect to the same accusation, one Ajay Kumar Singh had filed a complaint on 09.05.2013 against the petitioner before the Commissioner, MANREGA, Rural Development Department, Govt. of Bihar, Patna. The matter was inquired into and the accusations were found to be absolutely false. Later, on the same set of facts, a complaint was lodged by one Prithivinath Singh against the petitioner. It appears, it has been urged, that the present F.I.R. is a sequel action against that case.

It has further been submitted that the petitioner has not been provided with any detail regarding the certificates. Apart from this, it has been submitted that assuming that there would have been a mistake in issuance

Patna High Court CR. MISC. No.79831 of 2019(5) dt.31-08-2021 3/3 of death certificates, that would have been only on the basis of inputs provided to him. At the moment, since the petitioner is a retired employee, he would not be in a position to state anything except the fact that for the same set of allegation, the earlier complaint lodged against him was not found to be worth proceeding against him. For the reasons afore-stated, the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saran at Chapra in connection with Manjhi P.S. Case No. 76 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T