Wakil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19134 of 2019 Arising Out of PS. Case No.-311 Year-2018 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== 1.

WAKIL MAHTO S/o Parbhu Mehta, R/o village- Maheswa, P.S.- Udakishunganj, District- Madhepura 2.

Tuntun Kumar Mahto @ Anant Lal Mahto, S/o Sital Mehta R/o villageMaheswa, P.S.- Udakishunganj, District- Madhepura 3.

Tuntun Mahto @ Mulayam Kumar S/o- Shiv Narayan Mahto, R/o villageMaheswa, P.S.- Udakishunganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-03-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Udakishunganj P.S. Case No. 311 of 2018 registered for offence punishable under sections 406, 420/34 of the Indian Penal Code and 03 of the Lotteries Act 1998.

Allegation has been made that they have opened a lottery counter and selling the articles directly. Allegation has been made that Rs.1,600/- was paid to them with the condition that some articles will be given to the informant but after few

Patna High Court CR. MISC. No.19134 of 2019(2) dt.29-03-2019 2/3 days closing the shop, they fled away from there which led to filing of the present case.

The learned counsel for the petitioners submits that the petitioner will return Rs.1,600/- to the informant Rubi Devi in presence of the court below In such view of the matter, the provisional bail is granted to the petitioners and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on provisional bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Udakishunganj at Madhepura in connection with Udakishunganj P.S. Case No. 311 of 2018, subject to the conditions as laid down under section 438 Cr.

PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. The bail of the petitioner will be confirmed after payment of Rs.

Patna High Court CR. MISC. No.19134 of 2019(2) dt.29-03-2019 3/3 court below.

(Shivaji Pandey, J) mkchy/- U T