Patna High Court
Sikandar Bhilai Mahto @ Sikandar Kumar @ Sikindar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted regular bail to the petitioner upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Sikandar Bhilai Mahto, sought regular bail in a case registered under Sections 419, 420, 379 and 34 of the Indian Penal Code relating to alleged fraudulent withdrawals from an ATM. He claimed to have a clean antecedent, argued that he was falsely implicated by an informant, and asserted his willingness to cooperate with the trial. The State opposed the bail on the ground of the seriousness of the offences. The court examined the allegations, noted that the thrust of the case was not directly against the petitioner, and considered his clean record. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount. The bail was granted pending further trial in the trial court.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving offences under Sections 419, 420, 379 and 34 of the IPC.
- Whether the allegations against the petitioner constitute sufficient ground to deny bail.
Legislation cited
- Indian Penal Code — s. 34, 379, 419, 420
Subjects
- bail
- Indian Penal Code
- cheating
- theft
- common intention
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91399 of 2025
Arising Out of PS. Case No.-787 Year-2023 Thana- SITAMARHI District- Sitamarhi
======================================================
Sikandar Bhilai Mahto @ Sikandar Kumar @ Sikindar Kumar S/O Late Bhila
Mahto Resident of Village- Fatepur Tole Lakshmipur, Ward No. 6, P.S.-
Sonbarsa, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha
For the Opposite Party/s : Mr. Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Sitamarhi P.S. Case No. 787 of 2023 registered for the offences
punishable under Sections 419, 420, 379 and 34 of the Indian
Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 27.07.2024 and the informant alleges that his son
developed friendship with Sikandar and they used to go for
withdrawing money from ATM together and his son used to give
his ATM and Cheque Book to Chitranjan for withdrawing
money, further Chitranjan disclosed that he lost his mobile but
Patna High Court CR. MISC. No.91399 of 2025(2) dt.18-03-2026
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could not institute a case since his wife was hospitalized and his
son believed Chitranjan, it is next alleged that when his son
went to withdraw money in April, 2023 for his wife’s treatment,
he came to know that only Rs. 60,000/-is left in his account
when on 22.12.2022 he had an amount of Rs.50,10,454/-, on
enquiry, it transpired that Chitranjan, his uncle Sikandar @
Bhilai, Anil, Rahul and Madan together have withdrawn money
on different dates.
4. Learned counsel for the petitioner submits that
petitioner being uncle of Chitranjan has been falsely implicated
in the instant case by the informant with an allegation that he
was also instrumental in withdrawing money from the account
of the son of the informant in connivance with Chitranjan and
Anil. It is further submitted that charge sheet has been
submitted, as such petitioner will not abscond rather will
cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner.
6. Considering the submission and also taking into
consideration the fact that the thrust of the allegation is not
alleged against the petitioner, the petitioner, above named, is
directed to be released on bail on furnishing bail bonds of
Patna High Court CR. MISC. No.91399 of 2025(2) dt.18-03-2026
3/3
Rs.10,000/- (Rupees Ten Thousands) with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Sitamarhi P.S. Case No. 787 of 2023.
(Satyavrat Verma, J)
amit/-
U T
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