← Library
Patna High CourtCR. MISC./52959/2015bail granted

Nagendra Kumar Mahto And ANR v. The State Of Bihar

2015-12-16Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52959 of 2015 Arising Out of PS.Case No. -146 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nagendra Kumar Mahto

2. Mithlesh Kumar Mahto @ Mithlesh Mahto Both Son of Mosadhi @ Mosadhi Mahto Both resident of village- Hardiya, Police StationTurkaulia, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Ranjan, Adv. For the Opposite Party/s : Mr. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecution for the State.

The petitioners apprehend their arrest in connection with Motihari Town P.S. Case No. 146 of 2015 for the offences punishable under Sections 420, 467, 471/34 of Indian Penal Code. The allegation against the petitioners is of using a forge challan for getting a sale deed registered in the registry office which on enquiry was found to be forged.

Mr. Pramod Ranjan, learned counsel for the petitioners submits with reference to the F.I.R. that the Challan bears the signature of one Md. Tanbir who had deposited the amount for the challan. He submits that no sooner did the petitioners come to know about the charge that he has instituted a complaint against

Patna High Court Cr.Misc. No.52959 of 2015 (2) dt.16-12-2015 2/2 the said Md. Tanbir but the very fact that the challan bears the signature of Md. Tanbir and not the petitioners would be sufficient to support the prayer of the petitioner.

Having heard learned counsel for the parties and considering the circumstances existing, let the petitioners namely, Nagendra Kumar Mahto and Mithlesh Kumar Mahto @ Mithlesh Mahto in the event of their arrest/surrender within four weeks from today, be released on bail upon each of them furnishing individual bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari in connection with Motihar Town P.S. Case No. 146 of 2015 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure.

(Jyoti Saran, J) Bibhash/- U T