Brahmdeo Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46776 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== 1.
BRAHMDEO MAHTO Son of Late Kalika Mahto Resident of VillageBijbani, P.S.-Jitna, District-East Champaran. 2.
Sanjay Mahto @ Sanjay Kumar @ Sanjay Prasad Kushwaha Son of Ram Ekbal Mahto Resident of Village-Bijbani, P.S.-Jitna, District-East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-07-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Ghorasahan (Jitna) P.S. Case No. 49 of 2019, disclosing the offence under Sections 406, 420, 34 of the Indian Penal Code. Petitioners are said to have got a sale-deed executed in their favour in respect of land for which the petitioners had paid consideration money to co-accused Abhishek Kumar. Learned counsel appearing on behalf of the petitioners has submitted that a civil dispute has been given a cloak of criminal case.
Considering the facts and circumstances, this
Patna High Court CR. MISC. No.46776 of 2019(2) dt.29-07-2019 2/2 application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned SDJM, Sikrahna, at Dhaka, East Champaran in Ghorasahan (Jitna) P.S. Case No. 49 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T