Manoj Kumar Sah @ Manoj Sah @ Dehati Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61490 of 2017 Arising Out of PS. Case No.-826 Year-2017 Thana- SITAMARHI District- Sitamarhi ====================================================== Manoj Kumar Sah @ Manoj Sah @ Dehati Mukhiya, S/o- Ram Jivan Sah, Resident of Village-Punaura, P.S.-Sitamarhi, Dist-Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur, Adv.

Mr. Sanjay Kumar, Adv.

For the Informant : Mr. Ashhar Mustafa, Adv. For the State :

Mr. J.N. Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2017 Heard learned counsels for the petitioner, informant and State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 381/34 of the IPC. The prosecution case is that Manoj Kumar, the son of the informant, gave Rs. 11,93,000/- to co-accused Jitendra Sah to deposit in the bank, but he did not deposit the same in the bank and when the informant went to the house of co-accused Jitendra Sah, then his father conveyed that Jitendra Sah has gone in the company of this petitioner, who was employee in the shop of the informant.

It is submitted by learned counsel for the petitioner that accusation is specific against co-accused Jitendra Sah and only

Patna High Court Cr.Misc. No.61490 of 2017(2) dt.20-12-2017 2/2 on suspicion, the petitioner has been roped as an accused in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned counsel for the informant that during investigation, it transpired that co-accused Jitendra Sah, in connivance with this petitioner, has misappropriated the amount.

Considering the thrust of accusation against co-accused Jitendra Sah, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 826 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T