Excerpt
in the high court of judicature at patna criminal miscellaneous no.39138 of 2011 mithlesh kumar, son of bishnudeo mahto @ bishundeo mahto, r/o village lutaut, p.s. karande, district sheikhpura. -------petitioner versus the state of bihar -----opposite party ------------------ 03/- 13/01/2012 heard learned counsel for the petitioner and learned additional public prosecutor for the state, who is armed with carbon/xerox copy of the case diary up to paragraph 56 dated 31/07/2011. the petitioner is apprehending his arrest in connection with a case registered for the offence punishable under sections 420, 467, 468, 469, 471 of the indian penal code, is one of the named accused in this case with allegation of proceeding to cast his vote and as identity proof one job card was produced to him, which subsequently found forged. submission is of being fooled by a candidate sitting mukhiya, who provided such job card and petitioner was not aware of the same being fake. further, he has also no criminal antecedent. if, it is so, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of chief judicial magistrate, sheikhpura, in connection with karande p.s. case no. 21 of 2011, subject to condition laid down under section 438 (2) of the code of criminal procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. ( akhilesh chandra, j.) praveen/-
Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39138 of 2011 Mithlesh Kumar, Son of Bishnudeo Mahto @ Bishundeo Mahto, R/o Village Lutaut, P.S. Karande, District Sheikhpura. -------Petitioner Versus The State Of Bihar -----Opposite Party ------------------ 03/- 13/01/2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph 56 dated 31/07/2011. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under Sections 420, 467, 468, 469, 471 of the Indian Penal Code, is one of the named accused in this case with allegation of proceeding to cast his vote and as identity proof one job card was produced to him, which subsequently found forged. Submission is of being fooled by a candidate sitting Mukhiya, who provided such job card and petitioner was not aware of the same being fake. Further, he has also no criminal antecedent. If, it is so, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura, in connection with Karande P.S. Case No. 21 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. ( Akhilesh Chandra, J.) Praveen/-