TRISULDHARI PRASAD Vs. STATE

JUDGEMENT

(1.) This is a reference by the learned District, and Sessions Judge of Saran recommending that Shree Trisuldhari Prasad Mokhtear, practising at. Chapra, be permanently debarred from practice under Section 13 of the Legal Practitioners Act.

(2.) The reference has arisen out of a case, being Trial No, 56 of 1958 in the Court of the Sub-divisional Officer, Chapra, under Section 379, Indian Penal Code. Two persons were standing trial under Section 379 being Prithvi Pad Bania and Kesar. Bania who were alleged to have run away with the clothing etc., of one Satyanarain Prasad from the bank of the Ganges at Dighwara. A prayer for bail was made on behalf of the accused persons and the learned Sub-divisional Officer granted bail, to them of the sum of Rs. 700 each,

(3.) Accused Prithvi Pad Bania produced a surety Ram Prasad Mahton Kurmi son of Ramayan Mahton Kurmi, resident of village Muradih, Police Station Deoria, district Deoria, Uttar Pradesh, and the other accused Kesar Bania produced as his. surety one Sukhai Mahton Kurmi son of Mangru Kurmi of the same village Muradih. The bail bonds, were accepted by the learned Sub-divisional Officer on the 16th January, 1958. It contained the following endorsement by the Mokhtear :