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Patna High CourtCR. MISC./28605/2019allowed

Krishna Mohan Mishra v. The State Of Bihar

2019-07-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28605 of 2019 Arising Out of PS. Case No.-197 Year-2014 Thana- FORBESGANJ District- Araria ====================================================== KRISHNA MOHAN MISHRA Son of Taranand Mishra Resident of Village - Pategna Mishra Tola Ward No. 06, P.S.- Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the State :

Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 409, 420 of the Indian Penal Code and Section 134 of the R.P. Act. As per F.I.R. the B.D.O., Forbesganj gave an application before the S.H.O., Forbesganj alleging therein that the state government employee, who were deputed to perform their duty in Lok Sabha Election 2014, including the petitioner but he after receiving the letter and advance money has not participated and performed his duty in the lok Sabha Election, 2014.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in the aforesaid

Patna High Court CR. MISC. No.28605 of 2019(3) dt.17-07-2019 2/2 case. He submits that F.I.R. lodged against 13 persons. He submits that petitioner has deposited the received money of Rs. 2250/- before the concerned Block office on 06.04.2019. He further submits that other co-accused has been granted the bail by the lower court itself.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory 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 C.J.M., Araria in connection with Forbesganj Police Station Case No. 197 of 2014, G.R. No. 1164 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Anjani Kumar Sharan, J) devendra/- U T