Mumtaz Mian @ Md. Mumtaz Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29864 of 2014 Arising Out of PS.Case No. -188 Year- 2013 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Mumtaz Mian @ Md. Mumtaz Hussain, Son of Hakim Mian, Resident of Village-Balua, P.S.-Paharpur, District-Motihari. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Pandey, Adv. For the Opposite Party/s : Mr. Shardanand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner, apprehending his arrest in connection with Paharpur P.S. Case No. 188 of 2013 registered for the offences punishable under Sections 420, 409, 467, 468, 471 and 120B of the Indian Penal Code, seeks the privilege of pre-arrest bail.
At the very outset, it is submitted that the petitioner is Panchayat Teacher and in this case similarly situated co-accused Shiv Chandra Ram and Bachan Das, who are husband of the Mukhiya and the member of Panchayat Samiti have been allowed pre-arrest bail by another Bench of this Court vide Cr. Misc. No.
Patna High Court Cr.Misc. No.29864 of 2014 (2) dt.15-01-2015 22008 of 2014 by order dated 03.09.2014 and in this case allegation is that unauthorized persons, depriving the real beneficiary in handicapped quota, were sanctioned benefit of Indira Awas Scheme at the pretext of the petitioner and others, which is not true and further the petitioner has got no criminal antecedent and as such, he deserves sympathetic consideration, to which the learned A.P.P. opposes.
In the facts and circumstances stated above, the petitioner in case of his arrest or surrender within one month from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate., Motihari in connection with Paharpur P.S. Case No. 188 of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J.) Vats/- U T