Chandeshwar Mahto @ Chaneshar Jee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36584 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Chandeshwar Mahto @ Chaneshar Jee Son Of Late Gurusahay Mahto Resident Of Village - Kusumbha Halt, P.S. And Distt. - Sheikhpura ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prasad Singh For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 419, 420 and 406 of the IPC.
3. Allegation against the petitioner is that he committed fraud by taking Eighty Lakhs from the informant in the name of giving land. It is further alleged that the petitioner sold the paper of said agreement which was to be given to informant but he sold the said land to some other person.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from
Patna High Court CR. MISC. No.36584 of 2023(4) dt.23-08-2023 2/3 para-8 of this petition that the petitioner is neither a land broker nor a servant of said Wachaspati Mishra who is a great land lord, the petitioner only used to look after the cases, which is running in Sheikhpura Court as a pairvikar on behalf of said Wachaspati Mishra. He never took any advance money for the said land from the informant. It is also submitted from para-9 of this petition that the petitioner had only become a witness of agreement for the selling of land in question on the request of informant and his associates. He has not committed any fraud with the informant. A statement has been made in para-3 of this petition that he has got no criminal antecedent. Further, the nature of this case is civil. Moreover, he is languishing in judicial custody since 08.04.2023.
5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheikhpura P.S. Case No. 99 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand)
Patna High Court CR. MISC. No.36584 of 2023(4) dt.23-08-2023 3/3 with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheikhpura.
(Sunil Kumar Panwar, J) Shubham/- U T