Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18861 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- MURLIGANJ District- Madhepura ====================================================== UMESH SAH, MALE, AGED ABOUT 45 YEARS, SON OF LATE SURAJ SAH RESIDENT OF VILLAGE- KHAIRA BHUDHAR, WARD NO. 1 PSBIKRAMGANJ, DIST- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashikant For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Murliganj P.S. Case No.07 of 2024 registered for the offence under Sections 406, 409, 420, 120B and 379 of the Indian Penal Code.

3.

Allegation against the petitioner is to have misappropriate and criminal breach of trust with regard to carrying 24 ton 28 kilograms of paddy worth of Rs.5,50,000/- by truck bearing registration no. WB23C5469 for Atiyawari, where the driver Umesh Sah and others under a conspiracy escaped with total paddy elsewhere.

4.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.18861 of 2024(2) dt.21-03-2024 2/3 petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that during course of investigation alleged recovery of paddy was made from godown of Santosh Kumar on the bsis of disclosure made by coaccused Virendra Chaurasia. It is further submitted that petitioner is in custody since 06.01.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Murliganj P.S. Case No.07 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhepura. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.18861 of 2024(2) dt.21-03-2024 3/3 date before the Trial Court till conclusion of trial and if the petitioner would absent for two consecutive dates without any cogent reason, the bail bonds of the petitioner shall be cancelled by the learned trial court itself.

(Ramesh Chand Malviya, J) S.Katyayan/- U T