Patna High CourtCR. MISC./86044/2023allowed

Saheb Mahto v. The State Of Bihar

2024-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86044 of 2023 Arising Out of PS. Case No.-252 Year-2023 Thana- ALOULI District- Khagaria ====================================================== Saheb Mahto Son Of Late Munshi Mahto Resident Of Village - Amba, Police Station - Alauli, District - Khagariya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 420 and 406 of the Indian Penal Code.

3. The allegation against the petitioner is of taking the money from the informant but not executed the sale deed.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the alleged document claiming an Agreement for sale is a fake document and it has been challenged in Competent Civil Court being Civil Suit No. 103/2023 and apart from this suit, the daughter-in-law of the petitioner namely Rita Singh has also filed complaint case no.

Patna High Court CR. MISC. No.86044 of 2023(2) dt.11-01-2024 2/2 362 of 2023 against the high handedness of the informant of this case and it is a case of civil in nature. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 08.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria in connection with Alauli P.S. Case No. 252 of 2023.

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