Manoj Kumar @ Manoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15639 of 2018 Arising Out of PS.Case No. -440 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. MANOJ KUMAR @ MANOJ MAHTO, Son of Late Dhanpat Mahto, Resident of Village- Matokhar, Panchayat Kare, P.S. and DistrictSheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-04-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Sheikhpura P.S. Case No. 440/2017 dated 23.11.2017 instituted for the offences under Sections 467, 468, 471 and 420 of the Indian Penal Code.

The allegation against the petitioner in the F.I.R. is of having wrongly represented about his land for the purposes of obtaining subsidy from the government for construction of pond. Some portion of the land, over which pond was constructed, was ultimately found to be the land of Dindayal Verma. Thus, it was alleged against the petitioner of his having obtained Rs. 70,000/- as subsidy to which he was not entitled.

Learned counsel for the petitioner submits that there

Patna High Court Cr.Misc. No.15639 of 2018 (2) dt.05-04-2018 2/2 could be some mistake with respect to identification of his land but there was no intention to obtain more money than to what he was entitled. That apart, it has been submitted that a certificate case with respect to the aforesaid amount (Rs. 70,000/-) has already been processed and the petitioner, if the allegation is found to be correct, would be required to deposit the amount.

Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 440/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T