Patna High Court - Orders
Trilok Kumar Mishra @ Trilok Nath Mishra vs The State Of Bihar on 8 May, 2008
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.7639 of 2008
TRILOK KUMAR MISHRA @ TRILOK NATH MISHRA
Versus
THE STATE OF BIHAR
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3. 8.5.2008Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner prays for anticipatory bail in a case under Sections 406,420,465,468 and 471 of the Indian Penal Code.
The allegation in the complaint petition is that the accused persons, five of whom are agnates of the complainant whereas this petitioner is an Advocate practising in Civil Court not connected with the said family, forged and fabricated some documents regarding partition in order to get their names entered in the jamabandi .
Learned counsel for the petitioner submits that there is no specific allegation against him. It is submitted that only fault is that he had identified in the deed of partition and thus, he has been falsely implicated in this case. It is further submitted that the accused persons of this case have also filed a complaint case, though subsequently against the complainant and other persons of this case in which case also cognizance has been taken and process issued against the complainant and others. It is thus submitted that the petitioner has been unnecessarily dragged in a cross- fight between the family members of the complainant and the accused persons. Learned counsel also emphasized the fact that there is no criminal history of the petitioner.
On a consideration of the facts and circumstances of the case, it is directed that the petitioner ( Trilok Kumar Mishra @ Trilok 2 Nath Mishra) in the event of his arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Complaint Case No.978-C/2006, subject to the other applicable conditions laid down under Section438 (2) Cr.P.C.
VPS ( Ramesh Kumar Datta,J.)