Chandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45617 of 2018 ======================================================

1. Chandan Mandal, S/o Late Satya Narayan Mandal, Resident of VillageKhokshi Bara West, P.S. Gwalpara, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2018 The petitioner is apprehending his arrest in connection with Udakishunganj P.S. Case No. 77/2008, registered for offences punishable under Section 409 of the Indian Penal Code. Allegation against the petitioner is of recovery of 350 kilograms of rice from the Verandah of the house of the petitioner and the same is alleged to be of Mid - day Meal Scheme. Submission of learned counsel for the petitioner is that earlier final form was submitted in this case and petitioner was not sent up for trial, however, differing with the final form, learned Magistrate took cognizance in the year 2012 and he has falsely been made accused in this case.

Learned counsel for the State opposed the prayer for bail and submitted that the case is very old and after six years of cognizance petitioner has now moved for grant of anticipatory

Patna High Court Cr.Misc. No.45617 of 2018 (4) dt.21-08-2018 2/2 bail.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender before the court below within a period of six weeks and pray for regular bail and if any such application is filed, the court below shall consider the submission of learned counsel for the petitioner especially the submission that earlier in this case final form was submitted and petitioner was not sent up for trial and the court below shall pass dispose of the prayer for regular bail of the petitioner, if possible, on same day.

(Vinod Kumar Sinha, J) sunil/- U T