Ramashray Prasad @ Ramashray Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17912 of 2020 Arising Out of PS. Case No.-977 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== RAMASHRAY PRASAD @ RAMASHRAY MAHTO Son of Late Motor Mahto Resident of Village- Bhanachak, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Narayan Prasad S/o Jiut Mahto R/o Village- Manachak, P.O., P.S. and Anchal- Manjhaulia, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 406, 420, 323, 504 of the Indian Penal Code.

Allegation is that the accused persons cheated the complainant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.17912 of 2020(2) dt.14-07-2020 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Both the parties are agnates. There is a partition suit pending between the parties. The matter relates to civil dispute. On behalf of the State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Complaint case No.977(c) of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

Narendra/- (Sudhir Singh, J) U T