Dhanjeet Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31910 of 2020 Arising Out of PS. Case No.-309 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== Dhanjeet Mahato, S/o Bahadur Mahato, Resident of Village-Jantola, P.S.- Rivilganj, District- Saran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner has filed the present application under Sections 439 and 440 of the Code of Criminal Procedure for grant of bail in connection with Chapra Town P.S. Case No. 309 of 2020 registered under Sections 414, 420, 467 and 468 of the Indian Penal Code.
3. It is contended by the learned counsel for the petitioner that the petitioner is neither involved in theft of motorcycle nor he has cheated any person. It is further contended that at the time of arrest itself, the petitioner had disclosed to the police that he had purchased the motorcycle from co-accused Madan Rai on payment of Rs.5,000/-. It is submitted next that said Madan Rai had promised the petitioner to deliver the documents of motorcycle in question after sometime, but in the meantime, the
2/3 petitioner was apprehended by the police. Lastly, it is contended that for the alleged offence the petitioner is in custody since 31.05.2020.
4. Learned counsel for the State has opposed the application for grant of bail to the petitioner.
5. Considering the nature of the offence, the submissions advanced at the Bar and the period of over six months undergone by the petitioner in custody, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S. Case No.309 of 2020.
6. Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my e-mail by the Senior Secretary.
(ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Senior Secretary, which shall be treated to be an authentic copy of the order
3/3 passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.
(iv) Let steps be taken by the Senior Secretary/registry for up-loading of the present order without compromising with the norms of social distancing.
(Ashwani Kumar Singh, J.) sanjeet/- U T