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Patna High Court

Sikandar Bhilai Mahto @ Sikandar Kumar @ Sikindar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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