Jag Mohan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27768 of 2014 Arising Out of PS.Case No. -301 Year- 2013 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Jag Mohan Sah, Son of Baban Sah, Village- Paspipra, P.O- Sukulpipara, P.S- Mohania, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, Bihar State Foods Civil Supplies Corporation .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Kislay, Advocate For the Opposite Party/s : Mr. Veena Rani Pd. (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehending his arrest in connection with Mohania P.S. Case No. 301 of 2013 registered for the offences alleged under Sections 406/420 of the Indian Penal Code seeks privilege of pre arrest bail, is one of the named accused in this case, against whom, for realization of substantial amount, arising out of an agreement relating to milling of paddy, wherein interim protection was also given by this Court vide composite order dated 13.09.2013, thereafter the present case was instituted.

Submission is that initiation of the case is in violation of the interim protection granted and subsequently the writ application has been allowed and certificate proceeding

Patna High Court Cr.Misc. No.27768 of 2014 (8) dt.07-01-2015 initiated has been quashed, of course, with certain liabilities to the State and further similarly situated other co-accused namely Satyendra Kumar Keshri has been allowed pre arrest bail by another Bench of this Court vide Cr. Misc. No. 26858 of 2014 dated 18.11.2014 to which the learned APP does not oppose.

In the facts and circumstances of the case, in case of surrender or arrest before the court below within one month from the date of receipt/production of a copy of this order, the petitioner namely Jag Mohan Sah shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. Case No. 301 of 2013 with condition as laid down under Section 438(2) Cr.P.C.

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