Hardeo Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49128 of 2014 Arising Out of PS.Case No. -339 Year- 2014 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Hardeo Ram Son of Late Lakhan Ram Resident of Village - Kajha, P.S. K.Nagar, District Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 20-02-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in K. Nagar P.S. Case No. 339 of 2014 dated 01.07.2014 instituted under Sections 406/420 of the Indian Penal Code.

Learned counsel for the petitioner submits that though as per the allegation he is said to have taken money from a few villagers in the name of getting them sanctioned Indira Awas Yojana five years back in the year 2009 but the same was not done

Patna High Court Cr.Misc. No.49128 of 2014 (2) dt.20-02-2015 2/3 and when in the year 2014 he had come to the village and again asked Rs. 2,000/- more from the persons, he was caught and handed over to the police. Learned counsel submits that the allegation is hard to be believe as nobody would have waited for over five years after making payment and further had the petitioner intended to run away with the amount he would not have come to the same village and asked for more money from the same persons after five years. It is submitted that the allegation has been levelled against the petitioner at the behest of persons who are on inimical terms with him. It is submitted that the petitioner having clean antecedent is in custody since 02.07.2014. Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Judicial Magistrate, 1st Class, Purnea in K. Nagar P.S. Case No. 339 of 2014. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the

Patna High Court Cr.Misc. No.49128 of 2014 (2) dt.20-02-2015 3/3 undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to do so on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

(Ahsanuddin Amanullah, J) Anjani/- U T