Patna High CourtCR. MISC./37323/2014bail granted

Mangal Sah v. The State Of Bihar

2015-03-18Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.37323 of 2014 (2) dt.18-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37323 of 2014 Arising Out of PS.Case No. -9 Year- 2011 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Mangal Sah Son of Musahar Sah R/o Village Raghunathpur, P.S. Sakra, District Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Sakra P.S. Case No. 9 of 2011 registered for the offence punishable under Section 379 of the Indian Penal Code. First Information Report has been lodged against Satto Ram, Block Teacher-cum- Incharge Head Master for selling text book stealthily and involvement of the petitioner has also transpired to the extent that he has purchased those text books in his Kabari shop.

Submission is that the FIR was lodged against accused Satto Ram and after more than three years the petitioner has been made escape goat in this case. No stolen books were

Patna High Court Cr.Misc. No.37323 of 2014 (2) dt.18-03-2015 recovered from conscious possession of the petitioner, and as such, the petitioner deserves sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall 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 the learned Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No. 9 of 2011, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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