Patna High CourtCR. MISC./30951/2014bail granted

Ghurahu Mishra v. The State Of Bihar

2015-01-29Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30951 of 2014 Arising Out of PS.Case No. -44 Year- 2013 Thana -ITADHI District- BUXAR ====================================================== Ghurahu Mishra, Son of late Satrughan Mishra, resident of villageBaksdaraha, Police Station- Itarhi, District- Buxar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar, Adv. For the Opposite Party/s : Mr. Nawal Kishor Pd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Itarhi P.S. Case No. 44 of 2013 registered for the offences punishable under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code, seeks the privilege of pre-arrest bail. Allegedly, the petitioner and others have taken loan on the basis of forged Land Possession Certificate, Rent Receipt etc. Submission is that Ganesh Singh Kushwaha, co-villager of the petitioner has lodged Itarhi P.S. Case No. 163 of 2011 for the offences punishable under Sections, 467, 468 and 420 of the Indian Penal Code against the Manager, Cashier and other officials of Madhaya Bihar Gramin Bank Branch Unwas, Itarhi

Patna High Court Cr.Misc. No.30951 of 2014 (2) dt.29-01-2015 alleging that the loan was sanctioned for Rs. 30,000/- to purchase of she-buffalo but only Rs. 2000-3000/- was given to loanees including the petitioner. After the investigation, the police has submitted charge sheet against those Bank Personnel. With a view to save their skin, the present case has been filed by the Manager of that Branch. The petitioner has got no criminal antecedent and similarly situated other co-accused namely Basishth Singh and others have been allowed pre-arrest bail by another Bench of this Court vide Cr. Misc. No. 26003 of 2014 by order dated 18.09.2014, to which the learned A.P.P. is not in a position to distinguish the case of the petitioner from those co-accused.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within two months from the date of receipt/production of the 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, Buxar in connection with Itarhi P.S. Case No. 44 of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J.)