Dinesh Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8240 of 2023 Arising Out of PS. Case No.-650 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== Dinesh Mahato S/O Paltan Mahato R/V- Purbi Kargahiya, P.S.- Muffasil (Bettiah), District- West Champaran ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 419, 420, 467, 468, 120(B) of the Indian Penal Code.

It is a case of filing forged certificate in respect of birth of one Anil Kumar.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further

Patna High Court CR. MISC. No.8240 of 2023(2) dt.13-04-2023 2/3 submitted that petitioner is illiterate persons having no knowledge of the aforesaid school certificate submitted before J.J.B., Bettiah. It is further submitted that police has written case diary in very limn manner, without cognizant and without support of any cheat paper, It also appears that from perusal of case diary by which Court below has taken view that police has taken oral statement of concerned school head master are not sufficient evidence in the eye of law. Moreover, the petitioner is languishing in judicial custody since 21.10.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bettiah Town P.S. Case No. 650

Patna High Court CR. MISC. No.8240 of 2023(2) dt.13-04-2023 3/3 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran.

(Sunil Kumar Panwar, J) Nirajkrs/- U T