Allowed

Sunil Kumar Mahto @ Sunil Mahto v. the State of Bihar

Patna HC27 Sept 2022CR. MISC./66342/2021

Case brief

AI extract

What is this about?

This bail order grants release to three petitioners charged with cheating and dishonestly inducing delivery of property. The court observed prolonged custody, clean antecedents, and one co-accust's bail, leading to grant of bail with conditions.

What did the court decide?

The petitioners be released on bail on furnishing bonds of Rs. 10,000 each with two sureties of the like amount.

Sunil Kumar Mahto @ Sunil Mahto Vs the State of Bihar — Cheating and Forgery | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63582 of 2021

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Arising Out of PS. Case No.-148 Year-2021 Thana- KHODAWANDPUR District- Begusarai

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======================================================

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CHHOTU @ ABNISH KUMAR Son of Ramchandra Mahto R/o VillageBashi, Ward No. -8, P.S.- Cheriya Bariyarpur, District- Begusarai.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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======================================================

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with CRIMINAL MISCELLANEOUS No. 66342 of 2021

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Arising Out of PS. Case No.-148 Year-2021 Thana- KHODAWANDPUR District- Begusarai

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====================================================== SUNIL KUMAR MAHTO @ SUNIL MAHTO S/o Ram Pavitra Mahto R/oVill. - Daulatpur, P.S. - Khodawandpur, Dist. - Begusarai.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 66877 of 2021

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Arising Out of PS. Case No.-148 Year-2021 Thana- KHODAWANDPUR District- Begusarai

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====================================================== SAURAB @ SAURAB KUMAR @ SACHIN KUMAR Son of Arun Kumar @ Arun Mahto @ Arun Kumar Mahto Resident of Village- Bashi, P.S.Khodabandpur (Cheriya Bariarpur), District- Begusarai.

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... ... Petitioner/s

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Versus

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The State of Bihar Patna.

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... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 63582 of 2021) For the Petitioner/s : Mr.Arjun Prasad For the Opposite Party/s : Mr.Umesh Lal Verma (In CRIMINAL MISCELLANEOUS No. 66342 of 2021) For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.Nand Kishore Pd. (In CRIMINAL MISCELLANEOUS No. 66877 of 2021) For the Petitioner/s : Mr.Mrityunjay Kumar For the Opposite Party/s : Mr.Ramchandra Sahni ======================================================

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Patna High Court CR. MISC. No.63582 of 2021(4) dt.27-09-2022 2/4

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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4 27-09-2022 Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners seek bail in connection with Khodawandpur P.S. Case No. 148/2021 registered for the offences punishable under Sections 411, 413, 414, 419, 420, 468/34 of the Indian Penal Code.

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As per prosecution case, stolen motorcycles were recovered from the possession of the petitioners for which on demand they did not produce any documents.

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Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to dirty village politics. The petitioners, Chotu @ Abnish Kumar and Saurab @ Saurab Kumar @ Sachin Kumar are languishing in custody since 13.07.2021 and petitioner, Sunil Kumar Mahto @ Sunil Mahto is languishing in custody since 12.07.2021 and they bear no criminal antecedent. No incriminating article has been recovered from the conscious possession of the petitioners. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. Co-accused, Ram Babu Kumar @ Rama Babu Singh has been granted bail by the co-ordinate Bench of

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Patna High Court CR. MISC. No.63582 of 2021(4) dt.27-09-2022 3/4

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this Court vide Cr. Misc. No.67421/2021 and the case of present petitioners stands more or less on similar footing.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.

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Considering the facts and circumstances of the case, period of custody, which is more than one year, co-accused has already been granted bail, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and keeping in view clean antecedent of petitioners and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Manjhaul (Begusarai) in connection with Khodawandpur P.S. Case No. 148/2021, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for

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Patna High Court CR. MISC. No.63582 of 2021(4) dt.27-09-2022 4/4

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cancellation of bail by the learned Trial court itself.

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(iii) If the petitioners tamper with the evidence or the

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witnesses, in that case, the prosecution will be at liberty to move

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for cancellation of bail.

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(Alok Kumar Pandey, J)

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amitkumar/-

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U T

Sunil Kumar Mahto @ Sunil Mahto v. the State of Bihar

Case brief

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Sunil Kumar Mahto @ Sunil Mahto v. the State of Bihar

Case brief

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