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Patna High CourtCR. MISC./17168/2019bail granted

Sanjay Mahto v. The State Of Bihar

2019-03-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17168 of 2019 Arising Out of PS. Case No.-73 Year-2018 Thana- TIKAPATTI District- Purnia ====================================================== 1.

SANJAY MAHTO, Son of Sri Bhikhari Mahto Resident of Village - Goriyar, P.S.- Tikapatti, District - Purnea.

2.

Randhir Mahto @ Randhir Kumar, Son of Sri Ramjee Mahto Resident of Village - Goriyar, P.S.- Tikapatti, District - Purnea. 3.

Arun Mahto @ Arun Kumar, Son of Sri Ashok Mahto Resident of Village - Goriyar, P.S.- Tikapatti, District - Purnea.

4.

Govind Sahni @ Govind Kumar Sahni, Son of Sri Gholtu Sahni Resident of Village - Goriyar, P.S.- Tikapatti, District - Purnea. 5.

Lalan Malakar, Son of Sri Mahendra Malakar Resident of Village - Goriyar, P.S.- Tikapatti, District - Purnea.

6.

Ram Pravesh Mahto, Son of Sri Bharat Mahto Resident of Village - Goriyar, P.S.- Tikapatti, District - Purnea.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2019 Petitioners seek bail in anticipation of their arrest in connection with Tikapatti P.S. Case No. 73 of 2018, registered for the offences punishable under Sections 419, 420, 34, 120B of the Indian Penal Code, Sections 3/4 of Bengaql Public Gambling Act, 1867 and Section 5 of Prize Chits & Money Circulation Schemes (Banning) Act, 1978.

Allegation as per FIR is that police raided the place of occurrence when the accused persons were running a lottery and when police came they fled away and one co-accused was

Patna High Court CR. MISC. No.17168 of 2019(2) dt.28-03-2019 2/2 apprehended who disclosed the names of the petitioners. Submission of learned counsel for the petitioners is that except confessional statement there is nothing against them and they have no criminal antecedent also.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioners, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri Dibya Prakash, Judicial Magistrate, 1st Class, Purnea, in connection with Tikapatti P.S. Case No. 73 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T