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Patna High CourtCR. MISC./56982/2021bail granted

Satyanarayan Mahra v. The State Of Bihar

2022-06-21Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 56982 of 2021 Arising Out of PS. Case No.-139 Year-2018 Thana- ANDHRAMATH District- Madhubani ====================================================== SATYANARAYAN MAHRA Son of Late Dukhi Mahra Resident of VillageLakshminiya, Police Station- Ladania, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivnandan Bharti For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Andhramath P.S. Case No. 139 of 2018 (G.R. Case No. 1198 of 2018) registered for the offences punishable under Sections 419/420/466/467/468/471/120 (B) of the Indian Penal Code. Petitioner is the Panchayat Secretary and as per allegation Panchayat Secretaries were required to submit the folder of Educational Certificate/Training Certificate during the period 2003 and 2006. Petitioner has joined in the year 2006. Learned counsel of the petitioner has submitted that petitioner bears criminal history of three cases through his

Patna High Court CR. MISC. No. 56982 of 2021(3) dt.21-06-2022 2/3 supplementary affidavit.

Learned counsel for the petitioner submits that petitioner is in custody since 05.12.2020. It has further been submitted that folder was kept in the room of Mukhiya, hence folder could not be produced due to non-cooperation of Mukhiya. The petitioner is quite innocent and has committed no offence as allegations are general in nature and not specific. He further submits that co-accused Mithilesh Kumar Yadav and Ram Ekbal Mahto have already been granted anticipatory bail vide Criminal Miscellaneous No. 85748 of 2019. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jhanjharpur, Madhubani in connection with Andhramath P.S. Case No. 139 of 2018, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in

Patna High Court CR. MISC. No. 56982 of 2021(3) dt.21-06-2022 3/3 bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) kamlesh/- U T