Upendra Mahato @ Upendra Kumar Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31475 of 2014 Arising Out of PS.Case No. -4 Year- 2014 Thana -DARAUNDHA District- SIWAN ======================================================
1. Upendra Mahato @ Upendra Kumar Mahto S/o Vakil Mahto
2. Vakil Mahato @ Wakil Mahato, S/o Late Nagina Mahto Both are residents of village - Parauli, P.S. Pachrukhi, Distt. - Siwan .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Suresh Mishra, Adv. For the Opposite Party/s : Mr. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.
The petitioners, apprehending their arrest in connection with Daraunda Police Station Case No. 04 of 2014 registered for the offences punishable under Sections 406, 420, 467, 468, 471/34 of the Indian Penal Code, seek the privilege of pre-arrest bail. Allegedly, the petitioners gave forged Visa and forged ticket of Air India and in that way cheated Rs. 1,40,000/- from the informant.
Submission is that the petitioner Upendra Mahato @ Upendra Kumar Mahato has also filed complaint case, which was registered as Pachrukhi P.S. Case No. 39 of 2004 against the
Patna High Court Cr.Misc. No.31475 of 2014 (2) dt.30-01-2015 informant of this case and others. As a matter of fact Akhtar Ali in collusion and conspiracy with other accused has cheated Rs. 3,20,000/- from the petitioner Upendra Mahato @ Upendra Kumar Mahato and as such, the petitioners, who have falsely been implicated in this case, deserve sympathetic consideration. The learned A.P.P. submits that there is case and counter case.
In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Daraunda P.S. Case No. 04 of 2014 bearing G.R. No. 21 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Jitendra Mohan Sharma, J.) Vats/- U T