Mahadeo Singh @ Bhola Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.10623 of 2017 (2) dt.23-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10623 of 2017 Arising Out of PS.Case No. -60 Year- 2016 Thana -ASARGANJ District- MUNGER ====================================================== Mahadeo Singh @ Bhola Singh Son of late Harihar Singh Resident of Village - Sadapur, P.S. - Asarganj, Distt. - Munger..... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Kamal Nayan For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Asarganj P.S. Case No. 60 of 2016 registered for the offence punishable under Section 7 of the Essential Commodities Act.

Allegedly, six bags of mid-day meal rice were recovered in front of the house of Laxman Sah and it is alleged that the Headmaster of the school allowed to carry away the rice under the pressure of this petitioner.

Submission is of false implication and that without any fault the petitioner is suffering in custody since 24.12.2016, another coaccused Binod Kumar Verma, the Headmaster, and Laxman Sah have already been allowed pre-arrest bail by different co-ordinate Benches of this Court and as such the petitioner deserves sympathetic consideration as he is an old man aged about 65

Patna High Court Cr.Misc. No.10623 of 2017 (2) dt.23-03-2017 years.

Learned APP fairly submits that only allegation against the petitioner is that under his pressure the Headmaster allowed to carry away the mid-day meal rice.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Asarganj P.S. Case No. 60 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T