Lalo Mahto @ Lalo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26422 of 2016 Arising Out of PS.Case No. -325 Year- 2014 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Lalo Mahto @ Lalo Singh S/o Supari Singh, Resident of village - Kachara Kadhuya, P.S. Sour Bazar, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 28.03.2016 in connection with Jagdishpur P.S. case No.325 of 2014 for the offences instituted under Sections 406, 420 and 120 of the I.P.C.

The prosecution story, in brief, is that on the alleged date and time of occurrence, the informant went to Sarojini Petrol Pump for taking petrol and diesel of his motorcycle and tractor and on the instruction of Manager of said petrol pump he gave Rs.83,500/- to one person, who was well known to him. Then that person went away after receiving the said amount. The informant demanded petrol and diesel and receipt of said amount which he had given to person on the instruction of Manager of said petrol pump but the Manager replied him that the amount has not been

Patna High Court Cr.Misc. No.26422 of 2016 (4) dt.26-08-2016 2/2 given to him and also refused to give the same. Thereafter the informant had given a written application before Jagdishpur P.S. alleging that the Manager of the said petrol pump with conspiracy with unknown accused cheated him.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.3.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner denies to be employee of the petrol pump, where the informant had gone for refilling fuel of his tractor and motorcycle. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. case No.325 of 2014.

(Sudhir Singh, J) Narendra/- U T