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Patna High CourtCR. MISC./70757/2021allowed

Sanjay Mahto @ Sanjay Kumar Mahto v. The State Of Bihar

2022-11-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70757 of 2021 Arising Out of PS. Case No.-248 Year-2021 Thana- ROSERA District- Samastipur ====================================================== Sanjay Mahto @ Sanjay Kumar Mahto Son Of Shri Ram Ratan Mahto Resident Of Ward No. 6, Singhiyaghat (Buzurg), P.S.- Bibhutipur, DistrictSamastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Pathak For the Opposite Party/s :

Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420 and 406 read with Section 34 of the Indian Penal Code. Allegation against the petitioner is that he along with other co-accused has dishonestly sold the property of the company.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.70757 of 2021(4) dt.01-11-2022 2/2 case. He submits that petitoner has provided four vehicles on rent to the Company and when he asked for payment of rent of the said vehicles, the Compnay lodged the F.I.R. against him. He submits that there is no incriminating articles recovered from the conscious possession of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is no recovery from the conscious possession of the Petitioner, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rosera P.S. Case No. 248 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T