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Patna High CourtCR. MISC./71321/2018bail granted

Ashwani Kumar Sinha @ Ashvini Kumar Singh v. The State Of Bihar

2018-12-04Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71321 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Ashwani Kumar Sinha @ Ashvini Kumar Singh, Son of Late Mangal Mukhiya, Resident of Village- Godhanpur, P.S.- Jhanjharpur, DistrictMadhubani. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Baleshwar Kamat For the Opposite Party/s :

Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Bhairav Asthan P.S. Case No. 97 of 2018 registered under Sections 406, 420, 467 and 468/34 of the Indian Penal Code.

The accusation is that one person came at the house of the informant introducing himself as Ashwani Kumar Sinha (petitioner), the Secretary of Anchal Vikas Samiti, Godhanpur and asked him that for providing Rs.1,50,000/- for construction of house Sari, Dhoti, blanket and other utensil etc. and for that he took Rs.300500/- from different persons and issued receipt only of Rs.21/-. Later on, informant came to know that said Samit is fake. Thereafter, informant and others caught hold the aforesaid Ashwani Kumar Sinha (petitioner) and handed over to the police while two others,

Patna High Court Cr.Misc. No.71321 of 2018(2) dt.04-12-2018 2/2 namely, Subodh Mandal and Ful Kumari Devi succeeded to flee away.

Learned counsel for the petitioner submits that the petitioner being the Secretary of Anchal Vikas Samiti, Godhanpur went to the village of informant for programme of cleaning of the village then the Mukhiya of the village demanded money from the petitioner but petitioner refused to give the money to aforesaid Mukhiya due to that reason Mukhiya of the village got implicated the petitioner in the present case with false allegation. It is further submitted that petitioner has no criminal antecedent and is in custody since 11.09.2018.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to 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 the A.C.J.M.-I, Jhanjharpur, Madhubani, in connection with Bhairav Asthan P.S. Case No. 97 of 2018. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T