Satya Narayan Sah @ Satya Narayan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17611 of 2017 Arising Out of PS.Case No. -404 Year- 2015 Thana -KOTWALI District- PATNA ====================================================== Satya Narayan Sah @ Satya Narayan Mahto Son of Chandeshwar Mahto, Resident of village/Mohallah - Gaushala Chauk, Ward No. 11, P.S. Sitamarhi, District - Sitamarhi ( Bihar ) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 419, 420, 466, 468 and 474 of the Indian Penal Code. Allegation against the petitioner is that he along with other co-accused committed fraud in the record of Patna High Court for the purpose of obtaining bail. Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application with an observation "at this stage".

In the light of said observation, the petitioner has preferred the second bail application.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.05.2016. He has remained in

Patna High Court Cr.Misc. No.17611 of 2017 (4) dt.12-07-2017 2/2 custody for the last 14 months and odd. The case is triable by the Magistrate and the maximum sentence is three years. He has been sufficiently punished. The petitioner had no knowledge regarding the fact that a separate bail application had already been filed on behalf of Bhagya Mahto and due to mistake, he has affidavited the second bail application of the said accused. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. A report was called for from the trial court regarding the stage of the case. It has been reported that charge has already been framed.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Patna in connection with Kotwali P.S. Case No. 404 of 2015. The petitioner shall be present on each and every date fixed by the trial court, failing which, the trial court will be at liberty to cancel the bail bond of the petitioner. (Sudhir Singh, J) Amit/- U T