Mahakant Poddar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39358 of 2016 Arising Out of PS.Case No. -120 Year- 2015 Thana -BIRPUR District- SUPAUL ======================================================
1. Mahakant Poddar son of Banarsi Poddar, resident of Village- Rasalpur, P.S. Salkhua, District- Saharsa.
2. Durga Prasad Yadav, son of Raghuni Yadav , resident of Village- Bara, P.o. Akma, P.S. +District- Saharsa
3. Arjun Sharma Son of Kamleshwar Sharma, resident of village- Bharauni, P.S.- Simri Bakhtiyarpur, District- Saharsa.
4. Phulhar Prasad Yadav, son of Nathuni Prasad Yadav, resident of villageDharni Patti, P.S.+District-Supaul.
5. Alim-Uddin Khan, son of Halimuddin Khan, resident of village -Sahuria, P.S.- Salkhua, District-Saharsa.
6. Harishchandra Sharma, son of Satya Narayan Sharma, resident of village -Bharauni, P.s.- Simri Bakhtiyarpur, District- Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-11-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 420/465/466/471 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners were appointed as Anu-Sewak (Halwaha) in the Department of Agriculture. The allegation against them is that they were appointed on the basis of a forged letter and, therefore, they are now facing prosecution.
Patna High Court Cr.Misc. No.39358 of 2016 (4) dt.16-11-2016 P2/2 Learned counsel for the petitioner further submits that most of these petitioners have already served about 30 years and now they have been removed from service, no useful purpose will be served by taking them into custody.
Considering the nature of allegations made against these petitioners and that they are having clean antecedent and have already been removed from service, let the petitioners abovenamed, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Birpur, District-Supaul in connection with Birpur P.S. Case No. 120/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T