Braj Kishor Das @ Braj Kishor Mahto Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Braj Kishor Das @ Braj Kishor Mahto Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with Lakhnaur Police Station Case No. 282 of 2022 dated 28.12.2022, subject to presentation before the Court as and when required, with the bail bond liable to cancellation on failure to appear on two consecutive occasions.

Issue for consideration

Whether the petitioner, in custody since 28.03.2024 in connection with Lakhnaur Police Station Case No. 282 of 2022 (offences under Sections 341, 323, 379, 420, 506, 34 IPC), should be granted regular bail.

Court's answer

Having regard to the submissions of the parties, and taking into consideration that the petitioner has been in custody since 28.03.2024 and that there is no likelihood of his absconding or tampering with evidence, the Court was inclined to grant regular bail to the petitioner.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, subject to the condition that he present himself before the Court as and when required; failure to appear on two consecutive occasions renders the bail bond liable to cancellation.

Detailed headnote1 paragraphs

Criminal Miscellaneous No.40320 of 2024 (Patna High Court, decided 02-08-2024) - Anil Kumar Sinha, J: Regular bail granted to Braj Kishor Das @ Braj Kishor Mahto, stated to be the priest of Shri Radha Krishna Temple, Village Gangapur Tole, Bhelwa, who was alleged in the FIR (Lakhnaur Police Station Case No. 282 of 2022 dated 28.12.2022, offences under Sections 341, 323, 379, 420, 506, 34 IPC) to have misused his position, defalcated temple property worth lacs of rupees, captured the temple's vacant land and defalcated settlement amounts. Petitioner in custody since 28.03.2024; his anticipatory bail application had been rejected by the High Court on 14.03.2024. Bail allowed on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, conditioned on appearance before the Court as and when required, failing which on two consecutive occasions the bail bond is liable to cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40320 of 2024

Arising Out of PS. Case No.-282 Year-2022 Thana- LAKHNAUR District- Madhubani

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

Braj Kishor Das @ Braj Kishor Mahto son of Prem Lal Mahto VillGangapur, Ps- Lakhanaur, Dist- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Bharti For the Opposite Party/s : Mr. Mohammad Sufyan ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 02-08-2024

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Lakhnaur Police Station Case No. 282 of 2022 dated 28.12.2022, disclosing offences under Sections 341, 323, 379, 420, 506, 34 of the Indian Penal Code.

As per the allegation in the FIR, the petitioner being the priest of Shri Radha Krishna Temple situated at Village Gangapur Tole, Bhelwa, misused the official position and defalcated the temples property worth lacs of rupees and captured the vacant land of the temple illegally and defalcated the amount towards settlement also.

Learned counsel for the petitioner submits that the petitioner was appointed as priest by the Bihar Religious Trust

Patna High Court CR. MISC. No.40320 of 2024(2) dt.02-08-2024 2/3

Board. The uncle of the petitioner was the Mahant and before and after appointment, the petitioner has been performing pooja in the temple since long. The informant being the Vice-President of the Managing Committee and the Trust has lodged the present case and also lodged FIR against the uncle of the petitioner and the petitioner. The amount of defalcation have not been mentioned clearly in the FIR and except the informant, no other member of the Trust/Managing Committee has complained against the petitioner. The petitioner is in custody since 28.03.2024. His anticipatory bail application was rejected by this Court on 14.03.2024.

Regards being had to the submissions made by the parties and taking into consideration the fact that the petitioner is in custody since 28.03.2024 and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

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 learned Chief Judicial Magistrate, Darbhanga in connection to the Lakhnaur Police Station Case No. 282 of 2022 dated 28.12.2022, disclosing offences under Sections 341, 323, 379,

Patna High Court CR. MISC. No.40320 of 2024(2) dt.02-08-2024 3/3

420, 506, 34 of the Indian Penal Code.

This is subject to the condition that the

petitioners shall present themselves before the Court, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J)

HarshPandey/-

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