Patna High CourtCR. MISC./17352/2019bail granted

Harishankar Mahto v. The State Of Bihar

2019-03-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17352 of 2019 Arising Out of PS. Case No.-32 Year-2018 Thana- BHANGHA District- West Champaran ====================================================== HARISHANKAR MAHTO S/o Chamari Mahto Resident of VillageBhangaha Tajpur, P.S.- Bhangaha, District- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 30.8.2018 in a case registered for the offences punishable under Sections 420,409/511 of the I.P.C.

The prosecution case as per the written report of Block Development Officer, Mainatand submitted to the SHO, Bhangaha is to the effect that the petitioner being, the husband of one of the Ward Members, illegally collected money from the beneficiaries of Prime Minister Housing Scheme. It is submitted by learned counsel for the petitioner that even assuming the accusation to be true, no offence under Sections 420 and 409 of the IPC is made out and the thrust of accusation is against the government officials and Panchayat representatives. Statement has been made in paragraph 3 of the

Patna High Court CR. MISC. No.17352 of 2019(2) dt.28-03-2019 2/2 petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the thrust of accusation against the Panchayat representatives and government officials, statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period in custody, 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 JM Ist Class, Bettiah, West Champaran in connection with Bhangha P.S. Case No. 32 of 2018.

(Dinesh Kumar Singh, J) anil/- U