Patna High CourtCR. MISC./41232/2024bail granted

Manoher Mahto v. The State Of Bihar

2024-06-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41232 of 2024 Arising Out of PS. Case No.-357 Year-2023 Thana- RAHUI District- Nalanda ====================================================== Manoher Mahto Son of Late Saho Mahto Resident of Village- Saril Chowk, P.S- Nalanda , Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Samir Kumar, Adv.

For the Informant :

Mr. Bhola Kumar, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rahui P.S. Case No. 357 of 2023 dated 18.08.2023 registered for the offence/s punishable u/ss 406, 420, 467, 468, 471, 120B read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant purchased the land of Mauza Akabpur, Rahui vide Khata No. 327, Khesra No. 5733, Area 20 Dismil from the petitioner on consideration money of Rs. 22,00,000/- and got the sale deed executed on 04.03.2023. After some days of the sale deed, he started the construction of boundary wall then the nephew of the petitioner told that this land belonged to him and registered in his name and he also said that the petitioner

Patna High Court CR. MISC. No.41232 of 2024(2) dt.19-06-2024 2/2 has defrauded you.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to land dispute. It is a case of civil dispute. It is further submitted that the Title suit no. 71 of 2017 is pending before the court of subjudge-VII, Biharsharif, Nalanda between the petitioner and his family members. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.10.2023.

5. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Biharsharif in connection with Rahui P.S. Case No. 357 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T