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Patna High CourtCR. MISC./11015/2017bail granted

Lalan Prasad v. The State Of Bihar

2017-03-18Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11015 of 2017 Arising Out of PS.Case No. -137 Year- 2013 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Lalan Prasad, Son of Narayan Gope, Resident of Village : Rasalpur, P.O. Rasalpur, P.S. Noor Sarai, District : Nalanda (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deo Raj Kumar Prasad, Advocate For the Opposite Party/s : Mr. Madhura Nand Jha (APP-102) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Noor Sarai P.S. Case No. 137 of 2013, registered for the offences punishable under Sections 379 & 411 of the Indian Penal Code and Section 41 & 42 of the Forest Act.

First Information Report has been lodged against Mandir Paswan, who was caught and produced with saw by Dafadar Dharamveer before the informant and allegedly he had cut down Mango and Mahua tree and during investigation Mandir Paswan has stated the name of the petitioner that he had sold the dry Mango tree to him.

Submission is of false implication and that at the

Patna High Court Cr.Misc. No.11015 of 2017 (2) dt.18-03-2017 2/2 time of recording the F.I.R. no one has stated the name of the petitioner nor the co-accused Mandir Paswan has stated the name of the petitioner and later on the petitioner has been implicated falsely and, as such, the petitioner deserves sympathetic consideration, to which the learned A.P.P. does not dispute. In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 learned S.D.J.M., Nalanda, in connection with Noor Sarai P.S. Case No. 137 of 2013, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T