Gulten Mian @ Gulten Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61680 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== GULTEN MIAN @ GULTEN MIYAN S/o Jamil Mian Resident of VillagePuraina Gosain, P.S.- Chanpati, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar with Mr. Mritunjay Upadhay For the Opposite Party/s :

Mr.Mohammed Arif, APP For the Informant : Mr. Sanjay Kumar No.7 with Mr. C.K. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Chanpatiya P.S. Case No. 61 of 2019 registered for the offences punishable under Sections 468, 471, 420, 409, 341, 323, 504, 506 and 34 of the Indian Penal Code. There is allegation that one co-accused in collusion with the petitioner has withdrawn an amount of Rs.29,500/- from the account of the informant and so far this petitioner is concerned, there is allegation that his photograph and L.T.I. were used by the main accused Phulsharif Mian in order to withdraw the amount.

Submission of learned counsel for the petitioner is that except that there is nothing against the petitioner and he has been granted provisional bail and he is ready to abide by any

Patna High Court CR. MISC. No.61680 of 2019(4) dt.22-11-2019 2/2 condition that may be imposed on him and also ready to cooperate in the investigation. Heard learned APP and learned counsel for the informant, who has opposed the prayer on the ground that on inquiry the B.D.O. found the allegation against petitioner and other co-accused true, as such he does not deserve anticipatory bail and there is nothing in the FIR as to whether L.T.I. of the petitioner was sent for examination by expert. In view of above facts and circumstances, the provisional bail granted to the petitioner by order dated 1.10.2019 is confirmed with condition that he has to co-operate in the investigation and Investigating Officer will also take steps for examination of L.T.I. of the petitioner by Handwriting Expert.

This application is, accordingly, allowed.

(Vinod Kumar Sinha, J) spal/- U T