Munna Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20551 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -LAXMIPUR District- JAMUI ======================================================

1. Munna Mandal Son of Bebi Mandal, Resident of Village - Karnpur, P.S. - Laxmipur, District -Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bharat Lal For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in a case under sections 323, 341, 353, 379, 467, 504, 506 of the Indian Penal Code.

The informant Mahesh Prasad Singh, Circle Officer, Gidhor has alleged in the F.I.R. that Chhotelal Yadav, Revenue Clerk, Halka No. 5 gave a petition to him that petitioner Munna Mandal and Pushplata Devi came to him and created hindrance in discharge of his official duty and forcible snatched Register II and also snatched Rs.4200/- being the government money.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.20551 of 2015 (2) dt.25-06-2015 that the petitioner has got no criminal antecedent. The present case has been instituted due to mistake of fact. Chhotelal Yadav, Revenue Karamchari, in fact, had taken a sum of Rs.1,50,000/- from the mother-in-law of the petitioner and he was refusing to refund the said amount. On the protest being made by the petitioner, the present prosecution has been brought against the petitioner. It has been further submitted that, in fact, no such incident has taken place regarding change of name in Register II of the Revenue record. It has been further submitted that the matter has been settled between the petitioner and the Karamchari and the same is evident from annexure-2.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R., but the matter has been settled between the parties vide annexure-2.

Considering the facts aforesaid, the petitioner above named is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and on his doing so, the court below shall enlarge him on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Jamui in connection with Laxmipur (Gidhour) P.S. Case No. 27 of 2015, subject to all

Patna High Court Cr.Misc. No.20551 of 2015 (2) dt.25-06-2015 the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Sudhir Singh, J) Amin/- U