Mohammad Sanaullah v. The State Of Bihar

Patna High Court Cr.Misc. No.13619 of 2017 (2) dt.30-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13619 of 2017 Arising Out of PS.Case No. -433 Year- 2016 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mohammad Sanaullah, Son of Sheikh Mojamil @ Mojamil Sheikh, Resident of Village-Hainswa, P.S.-Sathi, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioner, and the learned counsel representing the State.

The petitioner apprehends his arrest in connection with Bettiah Muffasil P.S Case No. 433 of 2016 registered for the offences punishable under Sections 406, 409, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

Allegedly, the petitioner after showing fake cash memo, received an amount of Rs. 45,000/- by way of subsidy and in that way, caused loss to the exchequer of the Government. Submission is of false implication and that the petitioner is ready to return the amount of Rs. 45,000/- though the petitioner has purchased the tractor on 15.03.2013 which is

Patna High Court Cr.Misc. No.13619 of 2017 (2) dt.30-03-2017 evident from the annexure itself. The petitioner has committed no illegality or irregularity. The petitioner is simple farmer and, as such, he deserves sympathetic consideration.

Learned A.P.P. submits that if the petitioner deposits Rs. 45,000/- to the informant, District Agriculture Officer, West Champaran then lenient view can be taken.

In the facts and circumstances stated above, the petitioner incase, deposits Rs. 45,000/- in the account of District Agriculture Officer, West Champaran, Bettiah either through cash or through bank draft then the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of the order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 433 of 2016 subject to the conditions as laid down in Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) sushma/- U T