← Library
Patna High CourtCR. MISC./10054/2020bail rejected

Shambhu Nath Singh v. The State Of Bihar

2023-03-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10054 of 2020 Arising Out of PS. Case No.-637 Year-2011 Thana- KOTWALI District- Patna ====================================================== SHAMBHU NATH SINGH Son of Late Ram Krishun Ram Resident of Mohalla- New Yarpur, P.S.-Gardanibagh, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Munni Kumar Moon For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 193, 199, 200, 465, 466, 468, 471, 474, 120B of the IPC.

As per the prosecution case, this petitioner along with other accused persons connive with each other and forged documents and on the basis of forged documents, Durgesh Sharma and others obtained bail order. Name of the petitioner surfaced during course of investigation in the statement of coaccused Durgesh Sharma. It is submitted that petitioner is not named in the FIR and only on the confessional statement of the co-accused, he has been made accused in this case. There is no document to show

Patna High Court CR. MISC. No.10054 of 2020(5) dt.20-03-2023 2/2 that this petitioner had played any role in obtaining the alleged fake bail order of co accused persons. Petitioner was never the advocate of the co-accused neither Parvikar nor in relation with the co-accused Durgesh Sharma. He is a practicing lawyer for more than 25 years.

However counsel for the state vehemently opposes the bail application and submits that this petitioner along with other accused persons, manipulated the FIR and by manipulation, the FIR got accused persons released on bail. Petitioner has got three criminal cases.

Considering the same prayer for bail of the petitioner is refused with direction to the petitioner to surrender and seek regular bail, which would be disposed of on its own merit without being prejudiced by this order. (Prabhat Kumar Singh, J) asmit/- U T