Nand Kishore Prasad @ Nand Kishore Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Nand Kishore Prasad @ Nand Kishore Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Prayer for bail allowed: petitioner to be enlarged on bail if arrested or surrendering within six weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in Minapur Police Station Case No. 194 of 2021, subject to section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioner, who apprehends arrest in Minapur Police Station Case No. 194 of 2021 for offences punishable under sections 420, 467, 468/34 of the Indian Penal Code, should be granted bail.

Court's answer

After considering the facts of the case urged in the application, the court allowed the petitioner's prayer for bail.

Ratio / Principle

In the event of arrest or surrender within six weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in Minapur Police Station Case No. 194 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J., oral order dated 19-08-2024) allowed the prayer for bail of Nand Kishore Prasad @ Nand Kishore, retired Panchayat Secretary, Gram Panchayat Raj Gorigama, Block Minapur, Muzaffarpur, who apprehended arrest in Minapur P.S. Case No. 194 of 2021 registered for offences punishable under sections 420, 467, 468/34 of the Indian Penal Code, on the prosecution allegation that, as Panchayat Secretary, he issued several forged residential certificates. Counsel contended that the petitioner discharged his duties under the BDO, Minapur, whereas the certificates were issued by the CO, Minapur, per a Gazette notification dated 2.5.2011; that the inquiry report of the Assistant Collector cum BDO, Minapur showed the petitioner's forged signature had been used; and that the petitioner superannuated in April 2020 with no complaint during service, the case having been lodged a year later. Bail allowed: on arrest/surrender within six weeks, petitioner to be enlarged on bail on a Rs.10,000/- bond with two like sureties to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, subject to section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64984 of 2023

Arising Out of PS. Case No.-194 Year-2021 Thana- MINAPUR District- Muzaffarpur

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

Nand Kishore Prasad @ Nand Kishore Son Of Late Mahendra Prasad R/O Vill - Chhapra Dharampur Yadu, P.S. - Kanti, Distt. - Muzaffarpur, Retired Panchayat Secretary, Gram Panchayat Raj Gorigama Block Minapur, Muzaffarpur

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Alok Kumar Alok, Advocate For the Opposite Party : Mr.Nirmal Kumar Sinha, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 19-08-2024

Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered

for the offence punishable under sections 420, 467, 468/34 of the Indian Penal Code.

As per the prosecution case, this petitioner, who was Panchayat Secretary at the relevant time, issued several forged residential certificates.

Learned counsel appearing for the petitioner submits that at the relevant time petitioner was discharging his duty under BDO, Minapur, whereas the residential certificate in question was issued by the CO, Minapur. As per Gazette notification dated 2.5.2011, the Circle officer was required to issue Residential certificate to the concerned beneficiaries on the basis of recommendation of a competent person under his

Patna High Court CR. MISC. No.64984 of 2023(4) dt.19-08-2024 2/2

control. Besides this, from the perusal of the inquiry report of the Assistant Collector cum BDO, Minapur it is clear that forged signature of the petitioner had been used to issue residential certificate. Petitioner superannuated from service in April, 2020. During service period, there was no complaint and after one year of superannuation, this case has been lodged. Petitioner claims clean antecedent.

Learned counsel for the State opposes the prayer

for bail.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Minapur Police Station Case No. 194 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

Shashi

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