Mukund Bhagat vs State Of Bihar on 28 June, 2010

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Cr.Misc. No.21634 of 2010
                          MUKUND BHAGAT
                              Versus
                         STATE OF BIHAR
                           -----------

2 28.06.2010 Heard learned counsel appearing on behalf

of the petitioner and learned counsel appearing

on behalf of the State.

The petitioner has been charged for the

offences punishable under Sections 406 and 420

of the Indian Penal Code in connection with

Azam Nagar P.S. No. 13 of 2009.

Learned counsel for the petitioner submits

that in the entire F.I.R. there is no whisper

against the petitioner and the entire

allegation is directed against the husband of

the Mukhia. He further submits that the name

of the petitioner has transpired during the

course of investigation on the basis of

statement made by one Kali Devi who alleged

that the petitioner has taken a sum of

Rs. 2000/- in the name of the said Mukhia for

allotment under the Indira Awas Yojana.

Learned counsel further submits that the

husband of the Mukhia who is the named accused

namely, Jhinguri Mandal has been granted bail

by this Court in Cr.Misc.No.14951 of 2009
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passed on 1.5.2009.

Taking into consideration the

circumstances and the submissions of learned

counsel, let the petitioner namely, Mukund

Bhagat be released on bail on furnishing bail

bonds of Rs. 10,000/- with two sureties of the

like amount to the satisfaction of learned

Chief Judicial Magistrate, Katihar in

connection with Azamnagar P.S. case No. 13 of

2009 subject to the following conditions:-

(1) That the one of the relatives

of the petitioner would stand as

a bailor and who would file an

affidavit indicating his/her

relationship with the

petitioner.

           (2)    That         the           petitioner         would

                  deposit          a     sum     of    Rs.    2000/-

                  before       the       Court    concerned      and

                  the         disbursal/refund               whereof

                  would       be       conditional       upon    the

                  final                outcome          of       the

                  proceedings.

           (3)    That     the          petitioner       would     be

                  attending            the     Court     below    on

each and every date fixed in the
3

case and failure on his part to

attend the Court on two

consecutive dates without

reasonable explanation to the

satisfaction of the Court below,

would confer liberty to the

Court concerned to initiate

proceeding for cancellation of

his bail bond and for taking him

into custody.

Bibhash                 ( Jyoti Saran, J.)