Shyam Sunder Mahto @ Mangala Mahto @ Shyam Sundar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58435 of 2017 Arising Out of PS.Case No. -311 Year- 2017 Thana -DANAPUR District- PATNA ======================================================
1. SHYAM SUNDER MAHTO @ MANGALA MAHTO @ SHYAM SUNDAR, Son of Late Mahendra Mahto, resident of Mohalla- Jaipur Dhanki, P.S.- Agamkuan, District- Patna, (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Saket Tiwary For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 406, 420, 504 and 506/34 of the Indian Penal Code.
The petitioner and two others had entered into a written agreement on 26.11.2014 vide Annexure-2 with Mr. Aditya Beragi and others to sell the referred land of the petitioner. In the agreement, it is specifically stated that the pending or future litigation in respect of the land proposed to be transferred shall be liability of the purchaser. Thereafter, the beneficiary i.e. Mr. Aditya Beragi entered into an agreement to sell with the informant of this case. The informant paid consideration money to Mr.
Patna High Court Cr.Misc. No.58435 of 2017 (2) dt.12-12-2017 2/2 Aditya Beragi and Aditya paid in the bank account of the wife of the petitioner or the petitioner.
Learned counsel for the informant opposed the prayer for bail.
Apparently, there is no case of dishonest intention of the petitioner at the time of entering into an agreement with Mr. Aditya Begari. Hence, the petitioner deserves bail. Accordingly, the petitioner, above named, is directed to be released 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 below where the case is pending in connection with Danapur Police Station Case No. 311 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Kundan/- U T