Pintu Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33440 of 2018 Arising Out of PS.Case No. -449 Year- 2017 Thana -KOTWALI District- PATNA ======================================================

1. Pintu Mahto S/o Ramotar Mahto, R/o Vill.- Rahincha, P.S.- Shekhpur Sarai, District- Shekhpura.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Advocate For the Opposite Party/s : Mr. Sri Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and leaned Additional Public Prosecutor of the State.

The petitioner is apprehending his arrest in connection with Kotwali P.S.Case No. 449 of 2017, registered for offences punishable under Sections 417, 418, 419, 420, 120 (B) of the Indian Penal Code and 66 (A), 66 (D) of I.T. Act, 2000. The allegation as per F.I.R. is that the daughter of the informant has received calls on her Mobile from different Mobile numbers as mentioned in the written report to pay Rs. 25,000/- for clearance of pending result of TET. Submission of the learned counsel for the petitioner is that mobile Nos. from which the money was demanded, as mentioned in the written report, do not belong to the petitioner and his name has come during investigation on the basis of confessional statement of co-accused, Nitish Kumar. It has further

Patna High Court Cr.Misc. No.33440 of 2018 (4) dt.29-06-2018 2/2 been submitted that other co-accused persons have been granted anticipatory bail by different Co-ordinate Benches of this Court which will appear from Annexure-2 series.

Heard learned A.P.P. as well as learned counsel on behalf of Bihar School Examination Board, Patna opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Kotwali P.S.Case No. 449 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Patna, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioner shall cooperate in the investigation and shall be present before the police as and when required, otherwise prosecution is at liberty to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T