Patna High CourtCR. MISC./32114/2024bail granted

Dharo Mahto @ Dharmendra Prasad v. The State Of Bihar

2024-09-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32114 of 2024 Arising Out of PS. Case No.-871 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Dharo Mahto @ Dharmendra Prasad Son of Kapildeo Mahto @ Kapildev Prasad Resident of village - Sanaiya, P.S.- Ariyari, District - Sheikhpura. ... ... Petitioner

Versus

The State of Bihar 2.

Tunna Ram (Munshi) S/o-Not known to the petitioner R/V-Kusumbha PSSheikhpura Dist- Sheikhpura ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prasad Singh, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner, the State and opposite party no.2.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 419, 420, 406, 379 of the Indian Penal Code.

3. As per the prosecution case, informant gave Rs.8.73 lacs to the petitioner for safekeeping but the same was not returned to her by the petitioner later on.

4. Learned counsel appearing for the petitioner submits that the petitioner was never given the said money as there is no acquaintance between the parties. Petitioner is no way concerned with the informant side as he is neither covillager nor has any kind of relationship. From perusal of the

Patna High Court CR. MISC. No.32114 of 2024(4) dt.25-09-2024 2/2 FIR, it appears that the dispute is out and out of civil nature. Petitioner claims clean antecedent.

5. Learned counsel for the State as well as the opposite party no.2 oppose the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura in Sheikhpura Police Station Case No. 871 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T