Pramod Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59347 of 2024 Arising Out of PS. Case No.-790 Year-2017 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Pramod Kumar Mahto Son of Late Asharfi Mahto R/V-Village- Choti Baliya Patel Chowk, PS- Balia, Distt.- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Subhash Yadav Son of Giro Yadav R/O- Pakrail, p.S.- Maheshkhunt, DisttKhagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandeep Jha, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Khagaria Complaint Case no. 790C of 2017 registered under sections 420, 406 and 504 of the Indian Penal Code.

3. As per the prosecution case, the complainant states that though he had given Rs. 7.5 lakhs to the accused Manoj Kumar Mahto in the year 2014 for purchase of a piece of land, however neither the registered deed with respect to the said land was executed in favour of the complainant nor the amount returned. It is submitted that the accused persons have cheated the complainant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.59347 of 2024(2) dt.19-09-2024 2/2 petitioner has been falsely implicated in the case. From reading of the complaint itself it would be evident that besides the case being one of purely civil dispute, the allegations is not against this petitioner but against co-accused Manoj Kumar Mahto who happens to be the full brother of this petitioner. The petitioner has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the contents of the petition of complaint wherein the allegations happen to be primarily against co-accused Manoj Kumar Mahto and not the petitioner herein together with the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Khagaria Complaint Case no. 790C of 2017 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-V, Khagaria. (Partha Sarthy, J) Harsh/- U T