Baleshwar Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2918 of 2017 Arising Out of PS.Case No. -142 Year- 2014 Thana -SAMASTIPUR District- SAMASTIPUR ======================================================

1. Baleshwar Mahto Son of late Ram Narayan Mahto Resident of Mohalla- Mohanpur, P.O.- Mohanpur, P.S.- Samastipur, DistrictSamastipur.

2. Ram Pukar Mahto Son of Ram Bilash Prasad Mahto Resident of Village- Maniyari, P.S. Sakra, District- Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Manish, Advocate For the Opposite Party : Mr. Sri Satyavarat Verma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Samastipur Town P.S. Case No. 142 of 2014, registered for the offences punishable under Sections 420/423/466/468/120(B) of the Indian Penal Code.

Allegedly, Prem Lal Mahto got the land of the informant and his brother registered in his favour by impersonating petitioners.

Submission is of false implication and that sale deed was executed by the informant and his brother as the sale deed bears photograph of the vendor. Moreover, for the sale deed being executed on 25.09.2013 the complaint was filed on 18.02.2014

Patna High Court Cr.Misc. No.2918 of 2017 (2) dt.13-02-2017 2/2 which came to be registered as First Information Report on 04.06.2014 after much delay. In this case Prem Lal Mahto has been allowed pre-arrest bail vide Cr. Misc. No. 7749 of 2015 by order dated 03.03.2015 and further co-accused Ashok Prasad Singh has also been allowed pre-arrest bail by the court of learned Sessions Judge, Samastipur and, as such, the petitioners also deserve sympathetic consideration.

The learned A.P.P. fairly submits that Prem Lal Mahto has been allowed bail by another co-ordinate Bench of this Court.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Samastipur Town P.S. Case No. 142 of 2014, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T