Hari Nandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38272 of 2015 Arising Out of PS.Case No. -43 Year- 2005 Thana -MAHISI District- SAHARSA ======================================================

1. Hari Nandan Yadav son of Late Kamleshwari Prasad Yadav, resident of Village- Kanp ( Tola- Madhepura), Police Station- Sour Bazar, DistrictSaharsa at present posted as Panchayat Secretary, Patarghat Block, DistrictSaharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Roy For the Opposite Party/s : Mr. Smt. Sangita Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-11-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 406, 420, 120B, 409, 467 and 468 of the Indian Penal Code.

Kari Sada, the informant, alleged that a pump set was allotted to him but the same was handed over to Kailash Sada on being identified by Sitaram Sah, Pramukh of Mahishi block. The petitioner is not named in the FIR. During the course of investigation the name of the petitioner figured in the case on the allegation that petitioner identified Kailash Sada as Kari Sada but from perusal of paragraph 77 of the case diary it appears that the petitioner did not identify Kailash Sada and he identified Bholi Sada, Sushil Sada and Rajendra Sada who had

Patna High Court Cr.Misc. No.38272 of 2015 (3) dt.30-11-2015 2/2 already received pump sets.

Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged 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 Chief Judicial Magistrate, Saharsa in Mahishi P.S. Case No. 43 of 2005, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T