Pyarelal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42076 of 2016 Arising Out of PS.Case No. -175 Year- 2014 Thana -SONO District- JAMUI ====================================================== Pyarelal Das, son of Late Shanti Lal @ Sadhu Das, Resident of Harwapehari, P.S., Sono, District-Jamui .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Satya Prakash Parasar. Advocate For the Opposite Party : Mr. Sri Bharat Bhushan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner seeks bail in connection with Sono P.S Case No. 175 of 2014 registered for the offences punishable under Sections 341, 323, 504, 420/34 of the Indian Penal Code. On the basis of complaint petition this case has been lodged with allegation that the petitioner and other co-accused took Rs. 60,000/- by way of loan with an assurance that he will retune the amount within one year and gave seven and half decimals of land to cultivate the same and that if he will not retune the amount, he will execute sale deed for that land, but after lapse of time neither the petitioner executed sale deed nor he is ready to return the amount and on demand, the petitioner and other coaccused abused and caused threats. Submission is of false implication and that from

Patna High Court Cr.Misc. No.42076 of 2016 (2) dt.22-10-2016 2/2 perusal of the complaint petition it reveals that the dispute appears of civil nature, no criminal offence is made out, the petitioner is suffering in custody since 31.07.2016, chare sheet has already been submitted and there is no chance of tampering with prosecution evidence and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, considering the detention of the petitioner and further considering the nature of the dispute, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned A.C.J.M.-1st , Jamui, in connection with Sono P.S. Case No. 175 of 2014, 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 petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T