Nirbhay Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1831 of 2019 Arising Out of PS. Case No.-270 Year-2017 Thana- DHAMDAHA District- Purnia ====================================================== Nirbhay Kumar Mahto, son of Late Ram Saran Mahto, R/o vill-Dhamdaha - Uttar, P.S. Dhamdaha, District- Purnea.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Respondent/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 27.06.2018 in connection with Dhamdaha P.S.Case No.270 of 2017 for the offence alleged under Sections 420, 467, 468 and 471, 506/34 of the Indian Penal Code.

The prosecution case as lodged by the informant is that a piece and parcel of land was in her favour and the petitioner along with three others are creating hindrance in mutation in the name of the informant and always threatened the informant and family members with dire consequences. It has been submitted by the learned counsel for the petitioner that he is innocent and being the husband of Asha Devi, he has been made accused in the aforesaid case. He

Patna High Court Cr.Misc. No.1831 of 2019(2) dt.15-01-2019 2/2 submits that no overt-act has been alleged and a civil case is pending between the parties regarding right and title of the disputed property. He further submits that the matter is of civil nature and the petitioner is languishing in judicial custody since more than six months and chargesheet has already been submitted.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Dhamdaha P.S.Case No.270 of 2017 to the satisfaction of CJM, Purnea subject to the following conditions:- (i) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. B.Kr./- (Nilu Agrawal, J) U T