Allowed

Serajudin @ Md. Sirajudeen v. The State of Bihar

Patna HC2 Aug 2024CR. MISC./6402/2024

Case brief

AI extract

What is this about?

Regular bail application in a murder case where the petitioner was accused of impersonating one Jitendra Kumar to execute a power of attorney. The court noted absence of any fingerprint investigation on the deed, considered parity with a co-accused already released on bail and the petitioner's age and ailments, and allowed bail with conditions to cooperate with trial.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.10,000 with two like sureties before ACJM-Ist, Patna, conditioned on cooperating with trial.

Serajudin @ Md. Sirajudeen Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6402 of 2024

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Arising Out of PS. Case No.-849 Year-2018 Thana- SHASTRINAGAR District- Patna

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======================================================

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Serajudin @ Md. Sirajudeen SON OF LATE AINUL HAQUE Mohalla -Damariya Police Station -Gardhanibagh District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Md. Shamimul Hoda, Advocate For the Opposite Party/s : Mr.Umanath Mishra, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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6 02-08-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks regular bail in connection with Shastrinagar P.S. Case No. 849 of 2018 registered for the offence punishable under Sections-302, 120(B) of the Indian Penal Code and 27 of the Arms Act.

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Allegation against the petitioner is that he executed power of attorney in favour of his son impersonating one Jitendra Kumar.

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Learned counsel for the petitioner has submitted that the allegation is totally false. As a matter of fact, Jitendra Kumar himself appeared before the Registrar and he executed power of attorney in favour of Tajuddin. Learned counsel for the

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Patna High Court CR. MISC. No.6402 of 2024(6) dt.02-08-2024 2/3

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petitioner submits that had the petitioner executed power of attorney impersonating Jitendra Kumar, the fingerprints of the petitioner must have been there in the Registry Office as well as on the deed. The Investigating Officer has nowhere mentioned that the fingerprints of the petitioner was present on the power of attorney or in the register, preserved by the Registry Office. Learned counsel has submitted that there is no investigation, at all, on this point. He has submitted further that Tajuddin has been granted bail by a coordinate Bench of this court in Cr. Misc. No. 43207 of 2019 and the petitioner is an old person of eight years of age and suffering from a number of ailments.

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On the other hand, learned counsel for the informant has submitted that the petitioner impersonated Jitendra Kumar and he executed power of attorney on behalf of Jitendra Kumar in favour of his own son. Learned counsel has further submitted that the petitioner also committed forgery by fixing his photographs on the Aadhar Card of Jitendra Kumar to which, learned counsel for the petitioner submits that at the time of execution of the deed, the Registrar must have seen the person who executed the deed and also must have seen the photographs available on the power of attorney and only after being satisfied that the executor of the deed was a genuine

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Patna High Court CR. MISC. No.6402 of 2024(6) dt.02-08-2024 3/3

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person, the deed would have been registered.

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From perusal of the case diary, it appears that there is no investigation, at all in respect of tallying the fingerprints of the person on the deed with the admitted fingerprints of the petitioner or with the admitted fingerprints of Jitendra Kumar, if available before his death.

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Learned counsel appearing for the State has opposed the prayer for bail.

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Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Patna in connection with Shastrinagar P.S. Case No. 849 of 2018 with condition that the petitioner shall cooperate with the trial and make himself available as and when required by the court.

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(Nawneet Kumar Pandey, J)

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A.K.V.//-

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U T

Serajudin @ Md. Sirajudeen v. The State of Bihar

Case brief

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Serajudin @ Md. Sirajudeen v. The State of Bihar

Case brief

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What did the court decide?

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