Achchhelal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48090 of 2016 Arising Out of PS.Case No. -638 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Achchhelal Mahto Son of Sonelal Mahto Resident of Village -Bhagat Tola, Mathurapur, P.S+ District - Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar Singh Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-12-2016 Heard the Counsel for the petitioner and the APP for the State.

Petitioner prays for anticipatory bail in Khagaria P.S. Case No. 638 of 2015 registered under sections 467, 468 and 420 of the Indian Penal Code.

The allegation is that on a representation that he would get the land fit for construction of house sold by one Ravinder Singh, petitioner received the consideration money and produced a fake agreement to sale. The amount received by him was not returned. From the impugned order, it appears the petitioner was granted the privilege of Police bail in course of investigation of the case.

Considering the above, the learned Sessions Judge

Patna High Court Cr.Misc. No.48090 of 2016 (2) dt.14-12-2016 2/2 has observed that the petitioner should surrender and pray for bail. Counsel for the petitioner, in view of the law laid down by a Division Bench of this Court states that the petitioner would surrender and pray for bail bringing to the notice of the Court that he was privileged with Police bail which he did not misuse.

The application is permitted to be withdrawn with liberty to the petitioner to surrender and pray for bail. It will be open to both parties to conciliate and resolve the dispute inter se. (Kishore Kumar Mandal, J) Pankaj/- U T