Sukhdeo Mistry @ Sukhdeo (Abhiyanta) @ ... vs The State Of Bihar on 5 April, 2018

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Patna High Court - Orders

Sukhdeo Mistry @ Sukhdeo (Abhiyanta) @ ... vs The State Of Bihar on 5 April, 2018

Bench: Vinod Kumar Sinha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.13308 of 2018
                       Arising Out of PS.Case No. -205 Year- 2016 Thana -BODHGAYA District- GAYA
                 ======================================================
                 1. Sukhdeo Mistry @ Sukhdeo (abhiyanta) @ Shukdeo Mistry S/o Late
                 Hira Mistry, R/o Mohalla- Suryapura, P.S.- Bodh Gaya, District- Gaya.

                                                                               .... ....   Petitioner/s
                                                       Versus
                 1. The State of Bihar

                                                               .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Dharmendra Kumar Sinha
                 For the Opposite Party/s   : Mr. Sri Manoj Kumar - 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                 ORAL ORDER

2   05-04-2018

The petitioner is apprehending his arrest in connection with Bodh Gaya P.S. Case No. 205/16, registered for offences punishable under Sections 188 and 153 of the Indian Penal Code and Section 325 of Bihar Municipal Act, 2007.

Prosecution case is that Secretary and Manager of Royal Butt Thai Monastery was engaged in some construction work for which a earlier notice vide its office letter No. 802 dated 05.05.2016 was sent to them but they refused to receive the notice and when one Shashi Bhushan Kumar, Tax Collector was deputed to serve notice but they refused to take notice and when notice was tried to be pasted over the building then all persons including petitioners objected and misbehaved with the Government Official.

Patna High Court Cr.M isc. No.13308 of 2018 (2) dt.05-04-2018

2/3

It has been submitted on behalf of the petitioner that petitioner is neither Secretary nor the Manager of the said Royal Butt Thai Monastery rather he is an Architect Civil Engineer and has nothing to do with the allegation.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Bodh Gaya P.S. Case No. 205/16, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:-

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before Patna High Court Cr.M isc. No.13308 of 2018 (2) dt.05-04-2018 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/-

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Patna High Court - Orders