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Patna High CourtCR. MISC./60810/2019allowed

Bishun Mahto @ Dilip Mahto v. The State Of Bihar

2019-09-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60810 of 2019 Arising Out of PS. Case No.-247 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== Bishun Mahto @ Dilip Mahto Son of Khedu Mahto Resident of Village and P.O.- Lalgadh, P.S.- Bettiah (Muffassil), District - West Champaran at Bettiah (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Bettiah (Muffasil) P.S. Case No. 247 of 2019 for the offence under sections 448, 323, 324, 384, 379, 506, 354, 504, 34 of the Indian Penal Code.

Learned counsel for the petitioner would submit that petitioner has no criminal antecedent.

Learned counsel submits that the petitioner and informant are Agnates and there is allegation against this petitioner that he has threatened the informant to transfer land or hand over 10 lacs else be ready for dire consequence. Learned counsel submits that there is partition suit

Patna High Court CR. MISC. No.60810 of 2019(2) dt.26-09-2019 2/2 bearing no. 181 of 2008 and the same is pending since 2008. The petitioner is in custody since 6.7.2019.

Learned counsel further submits that there is delay of five days in lodging the FIR.

Considering the fact that petitioner has no criminal antecedent and there is delay of five days in lodging the FIR, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Bettiah (Muffasil) P.S. Case No. 247 of 2019. (Anil Kumar Upadhyay, J) Ravi/- U T