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Patna High Court - Orders

Mishri Lal Rai @ Mahanth Bajrangi Das vs The State Of Bihar on 20 November, 2019

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74878 of 2019
                     Arising Out of PS. Case No.-55 Year-2019 Thana- NATIONAL HIGHWAY District-
                                                        Samastipur
                 ======================================================
                 Mishri Lal Rai @ Mahanth Bajrangi Das, Son of Late Banke Ray, Resident of
                 Village-Goddan patti, P.S.-Gayaghat, District-Muzaffarpur.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bijay Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mrs.Anita Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-11-2019

Heard learned counsel for the parties and perused the case diary.

Petitioner apprehends his arrest in a case registered for the offence punishable under sections 193, 423, 465, 468,471,500,503,506 of the Indian Penal Code.

It is submitted on behalf of the petitioner that as per the prosecution case, it is apparent that cause of action arose in 1981 to 1984 while the case has been lodged in 2019. It has been further submitted that informant was never Mahanth and only to grab the land of Math of Dih Sarsauna he has prepared so many forged and fabricated documents. It is submitted that Title Suit No. 256 of 2009 is also pending between both the parties.

It is further submitted that for the same the informant has earlier filed case in Tajpur Bangra P.S. Case No. 225 of 2011 Patna High Court CR. MISC. No.74878 of 2019(2) dt.20-11-2019 2/2 against the petitioner.

Learned counsel for the State opposes the prayer for bail.

In the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, 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., Samastipur, in N.H. Bangra Police Station Case No. 55 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Prabhat Kumar Singh, J) khushbu/-

U      T