Hiralal Mahto v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6081 of 2019 Arising Out of PS. Case No.-2979 Year-2015 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Hiralal Mahto, Son of Late Srichand Mahto, Resident of Village - Agrail, P.S.- Baligaon, District - Muzaffarpur ... ... Petitioner/s

Versus

1. The State of Bihar

2. Avinash Kumar, Son of Mohan Prasad Singh, Resident of Village -Sakra Faridpur, P.O.- Dholi, P.S. Sakra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anish Kumar For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-02-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 2979 of 2015 (Trial No. 879 of 2018), disclosing offences under Section 420 of the Indian Penal Code and Section 138 of Negotiable Instruments Act, 1881. Learned Counsel for the petitioner has submitted that he is father of co-accused, Udit Kumar, who is said to have issued a cheque in favour of the complainant, which got dishonoured. The petitioner have been implicated merely because he is father of the accused, Udit Kumar. Considering the nature of allegation against this

Patna High Court Cr.Misc. No.6081 of 2019(2) dt.04-02-2019 2/2 petitioner, this application is allowed.

Let the petitioner, Hiralal Mahto, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistratecum- Sub Judge, Muzaffarpur, in connection with Complaint Case No. 2979 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √