Jhagran Mahto @ Jhagru Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40668 of 2016 Arising Out of PS.Case No. -364 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== Jhagran Mahto @ Jhagru Mahto, S/o Bechan Mahto, R/o Village- Dhanpura Tola Simar Toka, P.S.- Bakhtiarpur, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 467, 468, 323, 427 and 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner in collusion with each other had taken consideration money of Rs.3,96,000/- from the informant to execute a sale deed. Although the sale deed was executed but the same had already been executed in the name of others. In this way, the accused persons cheated the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.40668 of 2016 (3) dt.13-12-2016 2/2 tampering of witnesses alleged against the petitioner. The matter relates to civil dispute. The land is said to have been sold by the co-accused, namely, Bhuvneshwar Singh and Abhinav Singh. The petitioner at best is said to be the negotiator. No wrongful loss or wrongful gain has been made on his part.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Bakhtiarpur P.S. case No.364 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T