Chandan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60521 of 2023 Arising Out of PS. Case No.-857 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Chandan Mahto Son Of Kailash Mahto Resident Of Village Rahua Ps Khagaria Gangaur District Khagaria 2.

Birbal Kumar Son Of Late Dinesh Paswan Resident Of Village Rahua Ps Khagaria Gangaur District Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Khagaria (Gangaur) P.S. Case No. 857 of 2018 registered for the offence under Sections 406, 419, 420, 467, 468/34 of the Indian penal Code.

3. As per prosecution case, the petitioners are alleged to have taken loan from Union Bank of India, Jahagir on the basis of counterfeit paper of Land Possession Certificate (LPC). The petitioners made benefits and committed cheating with the said Bank.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.60521 of 2023(2) dt.12-09-2023 2/2 petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted vide para 11 & 12 of the petition that petitioner no.1 Chandan Mahot and petitioner No.2 Birbal Kumar both have deposited the principal loan amount of Rs. 54,000/- and Rs. 49,000/- respectively to the said Bank. In support of this fact, deposit forms of paid amount have been annexed as Annexure-2 & 3. Both the petitioners have got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 5.6.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioners, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail in connection with Khagaria (Gangaur) P.S. Case No. 857 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria. (Sunil Kumar Panwar, J) Amandeep/- U T