COURT OF JUDICATURE AT PATNA CRIMINAL…
Granted anticipatory bail bond of Rs.10,000 with two sureties of the like amount each subject to specific conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55645 of 2023
Arising Out of PS. Case No.-799 Year-2023 Thana- PHULWARISHARIF District- Patna
======================================================
Mithilesh Mahto, Son of Rajendra Mahto Mohalla Bhusaula Ps Fulwari Sharif Distt Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
4 08-11-2023
Heard Mr. Dhananjay Kumar Tiwary, learned counsel
for the petitioner as well as Mr. Akshay Lal Pandit, learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.55645 of 2023(4) dt.08-11-2023 2/3
in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. Further submits that in fact the petitioner is landlord of the guesthouse in question and he has rented the said premises to one Ranjeet Kumar vide an agreement dated 07.01.2023 for the period of three years and the petitioner has no concern at all with the alleged occurrence and the petitioner has been made an accused only on the ground that he is owner of the guesthouse in question.
Patna High Court CR. MISC. No.55645 of 2023(4) dt.08-11-2023 3/3
Section 438(2) of the Code of Criminal Procedure and with other following conditions:-
(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.
(ii) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of anticipatory bail.
(iii) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of anticipatory bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Prakash Narayan U T
1 issue framed by the court
Whether the petitioner is entitled to be released on anticipatory bail pending trial for offences under IPC Section 370, IT Act Sections 3/4/5/6/7/8, and Bihar Prohibition and Excise Act Section 30(a)
1 provisions across 1 enactments
Mithilesh Mahto
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
