Mohan Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57510 of 2018 Arising Out of PS.Case No. -93 Year- 2017 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mohan Vishwakarma S/o Basu Mistri @ Raju Sharma @ Raju Sharma, R/o Vill.- Belagola, Harinagar, P.S.- Ramnagar, At present, Prathmik Teacher, Rajkiya Prathmik Vidyalay, Bargajwa, P.S.- Ramnagar, and ExHeadmaster, Rajkiya Prathmik Vidyalay, Madhuawa, P.S.- Gaunaha, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Parmanand Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Gaunaha P.S.Case No. 93 of 2017 registered under Sections 406, 409 & 420 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the petitioner is a victim of false implication which would appear from perusal of the first information report itself, which would reflect that the petitioner was directed either to complete the construction work or to deposit Rs. 52,834/- and accordingly, to avoid complications, the petitioner deposited the amount

Patna High Court Cr.Misc. No.57510 of 2018 (2) dt.28-09-2018 2/2 through bank draft of Rs. 52,834/- and an application was submitted to the District Programme Officer, West Champaran about the same as would appear from the impugned order itself. Learned counsel for the State opposed the application for grant of pre-arrest bail.

Regard being had to the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Gaunaha P.S.Case No. 93 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/Sneha U T