Patna High CourtCR. MISC./21294/2014bail granted

Bharat Das And ANR. v. The State Of Bihar

2015-01-08Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.21294 of 2014 (5) dt.08-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21294 of 2014 Arising Out of PS.Case No. -188 Year- 2013 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bharat Das Son of Latethakur Das

2. Parmanand Sah Son of Ramdutta Sah Both resident of Village Balua Birti Tola, Police Station- Paharpur, District East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Suresh Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Paharpur P.S. Case No. 188 of 2013 registered for the offences punishable under Sections 420, 409, 467, 468, 471, 120b of the Indian Penal Code.

It is submitted that the petitioners have been falsely implicated as their claim for Indira Awas benefit was not under the handicapped category as alleged rather under BPL category. Vide Annexure-2 annexed with the bail petition, both petitioners are bonafide beneficiaries of the scheme and their case stands on better footing then the other co-accused who have been allowed

Patna High Court Cr.Misc. No.21294 of 2014 (5) dt.08-01-2015 pre-arrest bail by another Bench of this Court and further similarly situated co-accused Madhu Devi has also been allowed pre-arrest bail to which the learned APP is not in a position to distinguish the case of the petitioners.

In the facts and circumstances stated above, in the event of arrest or surrender within one month from the date of receipt/production of a copy of this order, the petitioners Bharat Das and Parmanand Sah shall be enlarged on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Paharpur P.S. Case No. 188 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T