Saryug Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39261 of 2020 Arising Out of PS. Case No.-298 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== SARYUG MAHTO SON OF LATE BUDHAN MAHTO RESIDENT OF MOHALLA - BIGHA JAMALPUR, P.S. and DISTRICT - SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Bijendra Kumar, Advocate For the Opposite Party/s :

Mr Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Sheikhpura Police Station (for brevity, PS) Case No 298 of 2019 instituted for the offence punishable under Sections 420, 423, 467, 468, 471/34 of Indian Penal Code.

Petitioner is alleged to be a witness in a fraudulent deed of transfer of land.

It is submitted by the learned counsel or the petitioner that the petitioner is neither executant nor beneficiary of the transaction. The purchaser has been allowed anticipatory bail by this Court in Cr Misc No 22259 of 2020 (Annexure 2) and the petitioner is in custody since 08.09.2020, having no criminal antecedent.

Patna High Court CR. MISC. No.39261 of 2020(2) dt.10-02-2021 2/2 Learned APP has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in Sheikhpura PS Case No 298 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T