Doma Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9556 of 2020 Arising Out of PS. Case No.-261 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== DOMA MAHTO Son of Ramjeet Mahto Resident of Village-Ward No.-12, Nagar Panchayat Chanpatiya, P.S.-Chanpatiya, District-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-06-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420, 409/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner along with others were given a sum of Rs. 7500/- for construction of toilet but the toilet was not constructed by the petitioner.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case on the basis of false report inasmuch as the toilet, in question, has been constructed by the petitioner and the informant himself has

Patna High Court CR. MISC. No.9556 of 2020(2) dt.18-06-2020 2/2 granted certificate dated 02.09.2019 to the effect that the petitioner has constructed the toilet from the fund provided to him. He submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 76384 of 2019 on 27.11.2019.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Bettiah, District-West Champaran in connection with Chanpatiya Police Station Case No. 261 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) devendra/- U T