Santosh Kumar Chaurasiya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1789 of 2017 Arising Out of PS.Case No. -234 Year- 2016 Thana -KOTWALI District- PATNA ======================================================

1. Santosh Kumar Chaurasiya, son of Sri Raj Nath Prasad @ Baijnath Prasad, resident of Village- Marjhigawan, P.S.- Chainpur, DistrictPlamu (Jharkhand).

2. Mirtunjay Kumar @ Vicky Kumar @ Rajesh Kumar, son of Sri Ramesh Kumar, resident of Village- Narshinghur Pathera, P.S.- Chainpur, District- Plamu (Jharkhand).

.... .... Petitioners

Versus

1The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Pranav Kumar, Advocate For the Opposite Party : Mr. Sri Ramchandra Sahani (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-01-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in connection with Kotwali P.S. Case No. 234 of 2016, registered for the offences punishable under Sections 419, 420, 465, 468, 471 of the Indian Penal Code. The petitioners are not named in the First Information Report which is against Amarjeet Singh and Ajay Kumar Sinha, but during investigation said Amarjeet Singh was arrested along with the petitioners.

Submission is of false implication and that the main allegation is against one Amarjeet Singh, but by presenting the

Patna High Court Cr.Misc. No.1789 of 2017 (2) dt.20-01-2017 2/2 cheque of Rs. 4.75 lacs and credited the same in his saving bank account, there is nothing against the petitioners and considering all these facts the petitioners have been allowed bail in Lalpur P.S. Case No. 160 of 2016 by Hon'ble Bench of Jharkhand High Court vide B.A. 7262 of 2016 and B.A. No. 7770 of 2016 vide Annexure-3 series and again the petitioners are suffering in custody in this case without any basis since 29.06.2016. The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, the petitioners are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna, in connection with Kotwali P.S.

Case No. 234 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail. (Jitendra Mohan Sharma, J.)