Patna High CourtCR. MISC./78544/2023allowed

Upendra Mahto v. The State Of Bihar

2023-12-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78544 of 2023 Arising Out of PS. Case No.-908 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== UPENDRA MAHTO Son of Late Lallu Mahto R/o Haweli, P.S. - Bihar Sharif, Distt. - Nalanda ... ... Petitioner/s

Versus

The State of Bihar 2.

Shiv Kumar Mahto Son of Late Sidheshwar Mahto R/o vill - Haveli, P.O. - Muiraura, P.S. - Bihar, Distt. - Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Usha Kumari 1 For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 467, 468/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner is said to have sold the land bearing Khata No. 347 plot no. 1635 to others which belongs to the complainant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is submitted vide para 5 of the petition that the land sold by the petitioner belongs to his

Patna High Court CR. MISC. No.78544 of 2023(2) dt.07-12-2023 2/2 share. It is a case of civil in nature for which, criminal proceeding has been initiated against the petitioner. Moreover, he is languishing in judicial custody since 28.9.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Complaint Case No. 908(C) of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM First Class, Nalanda at Biharsharif.

(Sunil Kumar Panwar, J) Amandeep/- U T