Ram Sundar Sharma @ Bablu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24932 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- KOTWALI District- Patna ====================================================== Ram Sundar Sharma @ Bablu, Son of Anil KUmar Sharma, Resident of Village-Utrama @ Kutrama, P.S.-Khijersarai, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-05-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Kotwali P.S. Case No. 40 of 2018 dated 22.01.2018 instituted for the offences under Sections 417, 418, 419, 465, 466, 467, 468, 420 and 120(B) of the Indian Penal Code.

The officer-in-charge of the concerned police station received a secret information that forged death and birth certificates are being manufactured near GPO roundabout. On such information, the shop of one Kamlesh Sahu was raided from where around 468 forged birth and death certificates were recovered. Aforesaid Kamlesh Sahu is said to have disclosed that one of his associates is the petitioner. On such disclosure

Patna High Court Cr.Misc. No.24932 of 2018(3) dt.17-05-2018 2/3 made by Kamlesh Sahu, the shop of the petitioner also was raided from where 37 forged birth and death certificates of different persons was seized. Hence the FIR against Kamlesh Sahu and the petitioner.

Learned counsel for the petitioner has submitted that the recovery of the forged certificates which have been shown in the police papers is incorrect. In fact, only to bring the petitioner also in the net of the present criminal charge, the recovery has been illegally shown by the local police. The shop of the petitioner was raided and when nothing was found, it was shown on paper that 37 birth certificates were found. The petitioner is only an associate of aforesaid Kamlesh Sahu who runs a shop of Kirana and along with it, he also sells forms for various examinations and for obtaining certificates. It has further been submitted that there has been no complaint from any quarter about the petitioner having participated or helped Kamlesh Sahu in preparing forged birth and death certificates. Nothing was recovered from the possession of either Kamlesh Sahu or the petitioner which could be used for preparation of such forged birth and death certificates.

The petitioner is in jail since 23.01.2018 and does not have any criminal antecedent.

Patna High Court Cr.Misc. No.24932 of 2018(3) dt.17-05-2018 3/3 For the aforestated facts, the petitioner above named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 40 of 2018.

(Ashutosh Kumar, J) krishna/- U T