Bablu Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46575 of 2022 Arising Out of PS. Case No.-260 Year-2021 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== BABLU KUMAR MAHTO SON OF SRI DASHRATH MAHTO RESIDENT OF MOHALLA - CHUNABHATTI, LAXMISAGAR NAKA - 08, P.O.- LAXMISAGAR, P.S.- L.N.M.U., MILKI, DISTRICT - DARBHANGA.
... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Shama Sinha, Advocate For the State :
Mr. Raj Kishor Singh, Addl. Public Prosecutor For the Informants :
Mr.Ramchandra Singh, Advocate Mr. Vishwajit Kumar , Advocate Dimpal Kumari , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2023 Heard learned counsel for the parties.
2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 420, 406 of the Indian Penal Code.
3. By filing supplementary affidavit, it is submitted that petitioner is ready and willing to refund Rs. 3,00,000/- ( three lakhs) to the informant through bank draft at the time of furnishing bail bonds. Rest of the amount claimed by informant
Patna High Court CR. MISC. No.46575 of 2022(10) dt.23-08-2023 2/3 is disputed by the petitioner.
4. It is submitted on behalf of the informant that if petitioner returns amount of Rs. 3,00,000/- ( three lakhs) then informant would withdraw the present case against the petitioner.
5 . Considering the facts of the case, nature of accusation against the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Learned ACJM-VIII, Darbhanga in connection with G.R.- 2459/21 arising out of L. N . M. U . P.S case No 260 of 2021 , subject to conditions laid down u/s 438(2) of the Cr. P. C., in the light of following terms and conditions:- (i) Total amount of Rs. 3,00,000/- ( three lakhs) shall be refunded to the informant and a copy thereof be furnished through bank at the time of furnishing bail-bonds.
(ii) If the petitioner fails to comply with the aforesaid direction of this court, the court below shall be at liberty to cancel the bail bonds of the petitioner.
Patna High Court CR. MISC. No.46575 of 2022(10) dt.23-08-2023 3/3
6. Informant would take steps for withdrawal of the case as submitted by him.
7. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.
(Prabhat Kumar Singh, J) Kaushik/- U T