Shiv Nandan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11897 of 2023 Arising Out of PS. Case No.-15 Year-2010 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

Shiv Nandan Sharma Son Of Late Shreekant Sharma R/V- Kailu Tola, Sukhsena P.S- Barhara, Dist- Purnia 2.

Ramchandra Sah @ Pintu Sah Son Of Sukhdeo Sah @ Shukdev Sah R/VKailu Tola, Sukhsena P.S- Barhara, Dist- Purnia 3.

Mukesh Mishra Son Of Dinesh Mishra R/V- Kailu Tola, Sukhsena P.SBarhara, Dist- Purnia 4.

Kedar Mandal Son Of Late Bhola Mandal R/V- Kailu Tola, Sukhsena P.SBarhara, Dist- Purnia 5.

Jogi Mandal Son Of Gurudeo Mandal R/V- Kailu Tola, Sukhsena P.SBarhara, Dist- Purnia ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hopanmay Devi Wife of Patwari Hansda R/V- Jhongi, (Adivasi Tola) Sukhsena, P.S- Barhara Kothi, Dist- Purnia ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Barahara P.S. Case No. 15 of 2010 registered for the offences punishable under Sections 323, 354, 418, 420, 468, 477(a), 409,120B of the Indian Penal Code and section 3(1) (x) of the SC/ST Act.

As per the prosecution case, allegation against the petitioners and other co-accused persons is that they hatching conspiracy and committed forgery from the informant and other

persons and embezzled Rs. 10 to 20 lakhs allotted to Indira Awas Yojna.

Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. It is further submitted that after investigation the police submitted final form but the court below taken cognizance on 14.12.2018 under sections 420, 409 and 120B of the I.P.C. It is further submitted that petitioners have clean antecedents as stated in para-3 of this application.

Considering this fact that after investigation the police submitted final form against the petitioners, as well as submission of the parties, let the above named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 25,000/- ( Twenty Five thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, -II, Purnea in Barahara P.S. Case No. 15 of 2010 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T