High Court granted regular bail to petitioners in an FIR alleging cheating and forgery involving fabricated adoption and property claims, directing furnishing of bail bond and sureties.
Petitioners enlarged on bail by furnishing bond of Rs. 20,000 each with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30469 of 2022
Arising Out of PS. Case No.-85 Year-2022 Thana- NAGAR District- Vaishali
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bhola Prasad For the Opposite Party/s : Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners have preferred this application for grant of regular bail in a case registered under sections 420, 467, 468, 471 and 120B of the Indian Penal Code.
As per the prosecution case, the informant is a
Patna High Court CR. MISC. No.30469 of 2022(2) dt.16-11-2022 2/3
childless person and the wife of the informant, Radhika Devi (co-accused) in connivance with the other co-accused persons adopted Simran Kumari (co-accused) without telling the informant. Thereafter, they made a fake College Leaving Certificate along with other documents in which the name of the father was fabricated as Baskit Rai with the intention of arrogating the property of the informant.
Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners and the petitioners are the parents of Simran Kumari. No case is made out against the petitioners and the petitioner no. 2 is a lady. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 07.03.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
Considering the aforesaid facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/-
Patna High Court CR. MISC. No.30469 of 2022(2) dt.16-11-2022 3/3
(Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali in connection with Nagar P.S. Case No. 85 of 2022.
The application stands allowed.
(Chandra Prakash Singh, J)
niku/-
U T
2 issues framed by the court
Whether the petitioners entitled to regular bail in support of the prosecution case of cheating and forgery.
Whether the petitioners having clean antecedents eligible for release on bail.
Ram Ekbal Rai and Anr
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
