Mohan Thakur @Mohan Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65121 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== MOHAN THAKUR @MOHAN KUMAR THAKUR SON OF Late HARIHAR THAKUR RESIDENT OF VILLAGE- SAHPUR UNDI, PSSAHPUR PATORI, DISTT- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarveshwar Tiwary, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offences punishable under Sections 168, 169, 218, 379, 403, 406, 409, 420, 422, 465 and 477A of the Indian Penal Code.
3. As per allegation in the F.I.R., the accused were cutting down the trees on the government land without taking any permission, which was identified for the construction of Panchayat Bhawan and used some logs of wood in making of doors and furniture in his newly constructed house and sold the rest of them and thus caused the loss to the government property.
Patna High Court CR. MISC. No.65121 of 2023(2) dt.12-10-2023 2/3
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. It is further submitted that previously between informant/complainant and this petitioner was inimical term. When the petitioner was Mukhiya of the Gram Panchayat Raj Sahpur Undi in the year of 2016-21 then Sarswati Devi made pressure upon him for doing illegal work but he denied the same for that this false case has been lodged by informant and falsely implicated this petitioner in the present case. It is next submitted that during construction of Panchayat Government building four trees were cut down by the contractor which was kept in the premises of the block office. These four tree was stolen by some unknown persons for which Sahpur Patori P.S. Case No. 88/2022 was lodged against unknown.
The case was lodged by the Circle Officer Patori block. The said case is under investigation. To protect the real culprit informant/complainant lodge this false case against the Circle Officer and this petitioner and the petitioner has no concern with this occurrence. Petitioner is languishing in judicial custody since 08.08.2023.
5. The application for bail is opposed by learned APP for the State and by learned counsel for the informant.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.65121 of 2023(2) dt.12-10-2023 3/3 considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Samastipur, in connection with Sahpur Patori P.S. Case No. 17 of 2023.
(Sunil Kumar Panwar, J) Adnan/Guddu U T