Excerpt
in the high court of judicature at patna criminal miscellaneous no.24178 of 2011 sudhir kumar, son of late surendra singh, resident of village mushepur, p.s. bihta, district patna. -------- petitioner. versus the state of bihar ---opposite party ******** 03. 12.01.2012 heard learned counsel for the petitioner and learned additional public prosecutor for the state. the petitioner, apprehends his arrest in connection with gandhi maidan p.s. case no. 331/2010 for offences under sections 420, 468, 471 and 406 of the indian penal code, is one of the named accused in this case instituted at the instance of his mother-in-law with allegation of getting some land transferred in favour of another utilizing her photograph somehow obtained and even she neither appeared before registering authority nor any impression of her finger print were taken of relevant places. submission is of total denial and pendency of investigation wherein in spite of taking all steps for comparison of finger print, report is still awaited. considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, till conclusion of investigation/submission of charge- sheet, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of chief judicial magistrate, patna, in connection with gandhi maidan p.s. case no. 331/2010, subject to condition under section 438(2) of the code of criminal procedure, and additional condition to attend the court regularly till conclusion of investigation/submission of charge-sheet, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. rajeev/- ( akhilesh chandra, j.)
Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24178 of 2011 Sudhir Kumar, son of late Surendra Singh, resident of village Mushepur, P.S. Bihta, District Patna. -------- Petitioner. Versus The State Of Bihar ---Opposite Party ******** 03. 12.01.2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Gandhi Maidan P.S. Case No. 331/2010 for offences under sections 420, 468, 471 and 406 of the Indian Penal Code, is one of the named accused in this case instituted at the instance of his mother-in-law with allegation of getting some land transferred in favour of another utilizing her photograph somehow obtained and even she neither appeared before Registering Authority nor any impression of her finger print were taken of relevant places. Submission is of total denial and pendency of investigation wherein in spite of taking all steps for comparison of finger print, report is still awaited. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, till conclusion of investigation/submission of charge- sheet, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Gandhi Maidan P.S. Case No. 331/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till conclusion of investigation/submission of charge-sheet, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)