Patna High CourtCR. MISC./32781/2024bail granted

Mahesh Kumar Thakur v. The State Of Bihar

2024-04-29Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32781 of 2024 Arising Out of PS. Case No.-813 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Mahesh Kumar Thakur Son of Muneshwar Thakur Resident of VillageMajiya Shahpur Ghaus Urf Majhia, P.S.- goraul, Kathara O.P., Dist.- Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Mahua P.S. case No. 813 of 2023 instituted for the offences under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code along with Section 67 of the I.T. Act.

3. Prosecution allegation, in short, is that there is allegation of preparing false provisional appointment letter and school posting letter of Sajia Khatoon.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is proprietor of Sharma Cyber Cafe. Charge-sheet has been submitted in this case. The petitioner

Patna High Court CR. MISC. No.32781 of 2024(2) dt.29-04-2024 2/3 has neither prepared any documents nor received any payment for the same. Due to enmity, Sajia Khatoon has taken the name of the petitioner. The petitioner is in custody since 18.12.2023 and has no criminal antecedent. Co-accused have been granted bail by this Bench vide Annexure-2 to this application.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of allegation, period of custody undergone by the petitioner and the charge-sheet being submitted, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahua P.S. case No. 813 of 2023 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.32781 of 2024(2) dt.29-04-2024 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T