Allowed

Anil Mahto @ Anil Kumar v. The State Of Bihar

Patna HC15 Mar 2017CR. MISC./4972/2017

Case brief

AI extract

What is this about?

Patna High Court granted bail to the petitioner, an accused in a cheque-bounce case, directing him to appear before the lower court. Bail was secured on furnishing a bond with sureties, cautioning him of bond cancellation for non-appearance. Prevailing village politics were noted as a factor.

What did the court decide?

Petitioner released on bail with Rs. 10,000 bond and two sureties of Rs. 10,000 each.

Anil Mahto @ Anil Kumar Vs The State Of Bihar — Cheque Dishonour | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.4972 of 2017

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Arising Out of PS.Case No. -52 Year- 2016 Thana -KHODABANDPUR District- BEGUSARAI

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====================================================== Anil Mahto @ Anil Kumar, Son of Dullar Chand Mahto resident of VillageBariyarpur, Police Station- Khodawandpur, District- Begusarai.

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.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Kundan Kumar, Advocate. For the Opposite Party : Mr. Mukesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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3 15-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is languishing in custody since 16.05.2016 in connection with Khodawandpur P.S. Case No. 52 of 2016 for the offences instituted under Sections 385 and 387/34 of the IPC.

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The prosecution story, in brief, is that prior to this occurrence, Nagmani Mahto, has demanded ransom from the informant for which a case has been instituted and for making pairvi in that case, the informant has gone to give evidence on 02.05.2016 and 13.05.2016. It is further alleged that this petitioner arranged a talk through his Mobile Phone with Nagmani Mahto and withdrawal of case was discussed between them and Rs. 20,000/- was demanded by way of ransom and in case of non-

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Patna High Court Cr.Misc. No.4972 of 2017 (3) dt.15-03-2017

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withdrawal of case a threat was given to eliminate all family members of the informant. It is further alleged that on 16.05.2016 at 3.45 P.M., when the informant was at his home, this petitioner came there and again arranged a talk to Nagmani Mahto with his Mobile Phone at that time his villagers Raj Kumar Gupta, Rajesh Kumar Gupta and Sanjay Gupta came there and they have put the Mobile on speaker due to which they have heard threatening about withdrawal of case and demand of Rangdari of Rs. 20,000/-. In that way, this petitioner has said that if the informant wants rescue then give Rs. 20,000/-. Thereafter, they have informed the police and from his house the police has taken away this petitioner and requested legal action.

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The earlier bail application of the petitioner was rejected vide Cr. Misc. No. 28399 of 2016 with an observation “at this stage”.

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It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.05.2016 and the charge has already been framed. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. The petitioner has been made accused in the present case due to village politics. The petitioner and the informant are resident of the same village.

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Patna High Court Cr.Misc. No.4972 of 2017 (3) dt.15-03-2017

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On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

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Considering the earlier observation made in Cr. Misc. No. 28399 of 2016, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Manjhaul, Begusarai, in connection with Khodawandpur P.S. Case No. 52 of 2016.

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The petitioner is directed to be personally present on each and every date fixed by the court below. If he fails to do so, his bail bond shall stand cancelled by the court below itself.

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U.K./U T

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(Sudhir Singh, J)

Anil Mahto @ Anil Kumar v. The State Of Bihar

Case brief

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Anil Mahto @ Anil Kumar v. The State Of Bihar

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