Patna High CourtCR. MISC./45883/2017bail granted

Suresh Mahato v. State Of Bihar And ANR

2017-09-19Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.45883 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45883 of 2017 Arising Out of PS.Case No. -677 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Suresh Mahato, son of Darshan Mahato, resident of Village- Beriyan Durg, Police Station- Uchakagaon, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ram Kunwar Bhagat, Son of Late Banarsi Bhagat, resident of VillageBeriyan Durg, Police Station- Uchakagaon, District- Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Complaint Case no. 677 of 2016 registered for the offence punishable under Section 420 of the Indian Penal Code. The petitioner is said to have taken Rs. 50,000/- from the complainant as a loan for taking auction of pond for fisheries with promise to return the same along with interest executing a hand note in favour of the complainant, but he refused to return the same on demand made by the complainant. Learned counsel for the petitioner submitted that the

Patna High Court Cr.Misc. No.45883 of 2017 (2) dt.19-09-2017 petitioner has neither taken any money nor executed any hand note therefor. As a matter of fact, he was having good relation with the complainant and the complainant on the pretext of settlement of business might have fraudulently obtained his L.T.I. and converted into the said hand note. But the said hand note has not been brought on record by the complainant. Moreover, it is a civil nature case. The petitioner has been languishing in custody since 31.7.2017.

Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Complaint Case no. 677 of 2016.

(Prakash Chandra Jaiswal, J) rohit/- U T