Brahmdeo Prasad @ Brahamdeo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2001 of 2020 Arising Out of PS. Case No.-41 Year-2019 Thana- MAIN P.S. District- Gaya ====================================================== Brahmdeo Prasad @ Brahamdeo Prasad Son of Late Bhola Prasad Resident of Village- Bajar Tali, P.S.- Jehanabad, Distt- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Giridhar Gopal Tiwary, Advocate For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Main P.S. Case No. 41 of 2019, registered for the offence punishable under Sections 419, 420, 406, 467 and 34 of the Indian Penal Code.

Prosecution case is that Informant's son namely, Satyendra Sharma under conspiracy with revenue officials got his name entered in register II showing his father, dead to deprive informant and other sharers from the property. It is submitted that petitioner has falsely been implicated in this case. There is civil dispute between the family and petitioner has got no concern with the same. Petitioner was a Revenue Clerk in Belaganj Block and he was posted at Belaganj Block in the year 2012 and retired on 31st January, 2012. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.2001 of 2020(2) dt.25-02-2020 2/2 Considering the facts aforesaid, the petitioner above-named in the event of his arrest/surrender before the court below within a period of six 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 the learned Additional Chief Judicial Magistrate II, Gaya in connection with Main P.S. Case No. 41 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T