Pali Mallah v. The State Of Bihar

Patna High Court Cr.Misc. No.63118 of 2017 (3) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63118 of 2017 Arising Out of PS.Case No. -464 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Pali Mallah, son of Shree Sohan Mallah, Resident of Mohalla Ward No. 25, Police Station Bhabhua, District- Kaimur (Bhabhua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kali Prasanna Dubey, Advocate For the Opposite Party/s : Mr. Sri Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 457,380,411/34 of the Indian Penal Code.

It is submitted by the counsel for the petitioner that the petitioner has been falsely implicated in this case due to political reasons at the behest of the newly elected ward commissioner. He denies the recoveries attributed to him. It is also submitted that though there is one case pending against him details of which he has disclosed in para 3 of the bail application but in the said case he is on bail. He submits that seizures have not been prepared in accordance with law.

In the facts and circumstances of the case, and the fact that the petitioner is in custody since 10.08.2017 prayer for

Patna High Court Cr.Misc. No.63118 of 2017 (3) dt.17-02-2018 bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in Bhabhua P.S. Case No. 464 of 2017 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T