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Patna High CourtCR. MISC./77595/2023bail granted

Gautam Mahton v. The State Of Bihar

2023-12-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77595 of 2023 Arising Out of PS. Case No.-857 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Gautam Mahton Son Of Sagar Mahto @ Ram Sagar Mahto Resident Of Village -Dodhraha Ps- Khagaria (Gangour) District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Supplementary Khagaria (Gangaur) P.S. case No. 857 of 2018, G.R. No. 3425 of 2018 instituted for the offences under Sections 406, 419, 420, 467, 468/34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that all the accused persons, including this petitioner, have fraudulently got loan from the Bank by showing their false and fabricated L.P.C. (Land Possession Certificate).

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.07.2023 and has no criminal antecedent. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.77595 of 2023(2) dt.05-12-2023 2/2 present case. He further submitted that the petitioner has deposited principle amount of Rs. 16,000/- and Rs. 25,000/- respectively in the Bank Loan Account. The co-accused persons have already been granted bail by the co-ordinate Bench of this Court vide order dated 12.09.2023 passed in Cr. Misc. No. 60521 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Supplementary Khagaria (Gangaur) P.S. case No. 857 of 2018, G.R. No. 3425 of 2018.

(Rudra Prakash Mishra, J) Alok Verma/- U T