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2026 Supreme(Online)(Pat) 4546

PATNA HIGH COURT
Rajesh Kumar Verma, J
Shailendra Singh – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.77367 of 2025 | PS. Case No.-91 Year-2023



Advocates:
For the Appellants/Petitioners: Mr. Ravi Prakash Dwivedi
For the Respondents: Mr. Brajendra Nath Pandey, APP

The court grants bail considering clean antecedents and similar treatment of co-accused, emphasizing cooperation with trial.

Headnote:The petition pertains to a bail application by the petitioner charged under Sections 420, 467, 468, 471/34 of the Indian Penal Code, alleging that he was falsely implicated based on fabricated evidence. The court noted that co-accused had been granted bail, thus it found merit in the petitioner's request. The court emphasized the need for the petitioner to cooperate with the trial process and outlined conditions for granting bail. The court's final ruling permits bail upon bond furnishing with specific conditions set forth.

Table of Content
1. petitioner's allegations of being falsely implicated are the basis for bail consideration. (Para 2 , 3)
2. court heard opposing arguments regarding bail application. (Para 5)
3. bail granted contingent upon specific conditions to ensure trial cooperation. (Para 6)

For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

4 21-01-2026 Heard Mr. Ravi Prakash Dwivedi, learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since

01.07.2025 in connection with Barahat P.S. Case No. 91 of 2023, F.I.R. dated 02.05.2023 for the offences punishable under Sections 420 , 467, 468, 471/34 of the Indian Penal Code .

3. According to prosecution case, the informant alleged that the petitioner along with other co-accused persons, on the basis of forged documents, mutated the land of the informant in the name of their mother late Mala Devi. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. Learned counsel further submits that the petitioner along with his brother, namely, Upendra Singh has also been made accused in the present case on the same set of allegation and brother of the petitioner has been granted privilege of anticipatory bail by this Court vide order dated 17.11.2025 passed in Cr. Misc. No. 75725 of 2025 and the police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 01.07.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and same set of allegation, co- accused person has been granted privilege of anticipatory bail by this Court, let the petitioner, above named, 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 the learned A.C.J.M. 1st, Banka in connection with Barahat P.S.

Case No. 91 of 2023, with the following conditions:

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)

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