Mahendra Kumar Singh Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Mahendra Kumar Singh Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be enlarged on bail in the event of arrest or surrender before the court below within eight weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the concerned court below in connection with Jogsar P.S. Case No.58 of 2024, subject to Section 482 (2) B.N.S.S., 2023 and two stated bail-cancellation conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in Jogsar P.S. Case No.58 of 2024 (registered for offences under Sections 420, 421, 423, 467, 468, 469, 471 and 120(B) IPC), should be enlarged on anticipatory bail.

Court's answer

The Court allowed the anticipatory bail petition, directing that the petitioner be enlarged on bail in the event of his arrest or surrender before the court below within eight weeks of receipt/production of a copy of the order, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the concerned court below in connection with Jogsar P.S. Case No.58 of 2024.

Ratio / Principle

The bail grant was made subject to the conditions laid down under Section 482 (2) B.N.S.S., 2023 and to two further conditions: (i) the court below shall cancel the bail bonds after hearing the petitioner if it is satisfied that he concealed known criminal antecedents; and (ii) the court below shall cancel the bail bonds if the petitioner's statement regarding a previous bail petition is found wrong.

Detailed headnote1 paragraphs

Patna High Court (Jitendra Kumar, J), oral order dated 01-05-2025 in Criminal Miscellaneous No.20957 of 2025, arising out of Jogsar P.S. Case No.58 of 2024, District-Bhagalpur, registered for offences under Sections 420, 421, 423, 467, 468, 469, 471 and 120(B) of the Indian Penal Code, after documents maintained in a registry office were found tampered with. The petitioner, claiming innocence and stating he was only a deed-writer of the substituted old documents, sought pre-arrest bail, pointing out (through counsel) that record-room in-charge Sanjay Kumar, photocopier Kishore Kumar and Book Binder Bisundeo Ram had already been enlarged on anticipatory bail by a co-ordinate Bench vide orders dated 23.10.2024 in Cr. Misc. no.69095 of 2024 and dated 17.01.2025 in Cr. Misc. nos. 87519 and 87633 of 2024; he also stated this was his first bail application in the case and that he had no criminal antecedents. The learned APP opposed the prayer. Considering the facts and circumstances, the Court allowed the petition: the petitioner was directed to be enlarged on bail on his arrest or surrender within eight weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the court below, subject to the conditions under Section 482 (2) B.N.S.S., 2023 and two cancellation conditions (concealed criminal antecedents; false statement regarding a previous bail petition).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20957 of 2025

Arising Out of PS. Case No.-58 Year-2024 Thana- JOGSAR District- Bhagalpur

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

Mahendra Kumar Singh, S/o late Bhuvneshwar Singh, R/o VillageBahwalpur, P.S- Madhusudanpur, District-Bhagalpur

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance : For the Petitioner : Mr. Manoj Kumar Jha, Advocate. For the State : Ms. Madhuri Lata, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

2 01-05-2025

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

The petitioner seeks bail, apprehending his arrest, in connection with Jogsar P.S. Case No.58 of 2024, dated. 06.305.2024 registered for the offences punishable under Sections 420, 421, 423, 467, 468, 469, 471 and 120(B) of the Indian Penal Code.

As per allegation, some documents maintained in the registry office is found to be tempered.

Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is only a deed-writer of the documents that has substituted the old documents. He further submits that the in-charge of the record room, Sanjay

Patna High Court CR. MISC. No.20957 of 2025(2) dt.01-05-2025 2/3

Kumar, photo copier of the registry office, Kishore Kumar and Bisundeo Ram, the Book Binder, have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated.23.10.2024 and 17.01.2025, passed in Cr. Misc. no.69095 of 2024 and Cr. Misc. no.87519 of 2024 along with 87633 of 2024 respectively.

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned court below in connection with Jogsar P.S. Case No.58 of 2024, subject to the conditions as laid down

Patna High Court CR. MISC. No.20957 of 2025(2) dt.01-05-2025 3/3

under Section 482 (2) B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

(Jitendra Kumar, J)

S.Ali/-

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