Mithilesh Sah @ Mithilesh Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4818 of 2018 Arising Out of PS. Case No.-178 Year-2017 Thana- BHAWANIPUR District- Purnia ====================================================== Mithilesh Sah @ Mithilesh Kumar Sah Son of Late Pratap Sah Resident of Village - Teliyari, P.S.- Bhawanipur, District - Purnea ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Manoj Kumar Jha For the Respondent/s :
Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-02-2019 The appellant seeks pre arrest bail in connection with Bhawanipur P.S. Case No. 178/2017, registered for offences punishable under Sections 341, 323, 386, 504, 506/34 of the Indian Penal Code and Section 3(i)(x) of SC/ST Act. Allegation against the appellant is of abusing the informant by caste name and also of demanding Rangdari of Rs. 20,000/- from the informant.
It has been submitted on behalf of the appellant that he is an R.T.I. Activist and informant is the Munsi of one Bilaiya Devi and the said Bilaiya Devi had committed fraud and defalcated the money of Indira Awas Yojna and the petitioner has highlighted the said matter and on the basis of which, there was direction for lodging an F.I.R. against the Bilaiya Devi and
Patna High Court CR. APP (SJ) No.4818 of 2018 dt.05-02-2019 2/2 due to which, the present false and concocted case has been filed by the informant at the instance of said Bilaiya Devi and no such occurrence as alleged in the F.I.R. has ever taken place. Heard learned Special P.P. also.
Having heard both sides, in view of the above facts, let the appellant, above named, in the event of his arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -I - cum-Special Judge, SC/ST Act, Purnea, in connection with Bhawanipur P.S. Case No. 178/2017, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.
Accordingly, this appeal is allowed and impugned order is set aside.
(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date