Asharfi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10151 of 2020 Arising Out of PS. Case No.-51 Year-2015 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Asharfi Mahto, Male, aged about 59 years, Son of Ramchandra Mahto, Resident of Mohalla- Nunia Tola, Ward No.5, Chak Mahila, P.S.- Sitamarhi, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ajay Kumar, Male, Son of Bisheshwar Prasad, Resident of Mohalla- Court Bazar, East from Ashirwad Hotel, ward No.16, P.S.- Sitamarhi, Dist.- Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Tral No.1608 of 2018 arising out of Complaint Case No. C1-51 of 2015 registered for the offences punishable under Sections 420 and 468 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has purchased the land from the complainant. Learned counsel for the petitioner further submits that after institution of the F.I.R., police investigated the case and submitted final form stating that there is civil dispute between the parties. Learned

Patna High Court CR. MISC. No.10151 of 2020(2) dt.03-03-2020 2/2 counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail by this Coordinate Bench of this Court vide order dated 30.04.2019 passed in Cr. Misc. No.10047 of 2019. Learned counsel for the petitioner further submits that there is no specific allegation against the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Sitamarhi in connection with Trial No.1608 of 2019 arising out of Complaint Case No. C1-51 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and further condition that one of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the court concerned.

(Anjani Kumar Sharan, J) Nasimul/- U T