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Patna High Court - Orders

Ramanuj Pandey vs State Of Bihar & Anr on 3 February, 2017

Author: Sanjay Priya

Bench: Sanjay Priya

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.8303 of 2016
                   Arising Out of Complaint Case No. -50 (C) Year- 2012 Thana -BUXAR COMPLAINT CASE
                                                       District- BUXAR
                 ======================================================
                 Ramanuj Pandey, S/o Late Bachan Pandey, R/o Village - Nuaon, P.S. -
                 Krishna Brahm, Distt. - Buxar.

                                                                              .... ....   Petitioner/s
                                                 Versus
                 1. The State of Bihar.
                 2. Laxman Prasad Sah @ Laxman Bhagat, S/o Jainath Sah, R/o Village -
                    Nuaon, P.S. - Krishna Brahm, Distt. - Buxar.

                                                              .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Digvijay Kumar Ojha, Advocate.
                 For the Opposite Party/s : Mr. R.S. Chaudhary (App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
                 ORAL ORDER

7   03-02-2017

Heard learned counsel for the petitioner and the State.

The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 467, 468, 471 and 120(B) of the Indian Penal Code.

It is alleged that the petitioner along with other co- accused got a forged Vakalatnama which was not executed by Rameshwar Sah, and filed a compromise petition, on the basis of which, decree was also passed.

It has been submitted on behalf of the petitioner that thumb impression of late Rameshwar Sah on the compromise petition was not identified by the petitioner rather the same was identified by another Advocate namely Sripati Pandey. In support Patna High Court Cr.Misc. No.8303 of 2016 (7) dt.03-02-2017 2/2 of such submission, the petitioner filed a supplementary affidavit enclosing therewith the aforesaid compromise petition filed in Title Suit No. 61 of 1992 from which it appears that the thumb impression of late Rameshwar Sah was identified by one Shree Pati Pandey, Advocate, and not this petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Complaint Case No. 50(C) of 2012, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/-

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