Daya Chaudhary @ Daya Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1524 of 2017 Arising Out of PS.Case No. -37 Year- 2016 Thana -KOCHAS District- SASARAM (ROHTAS) ======================================================

1. Daya Chaudhary @ Daya Shankar Singh, Son of Late Haridwar Chaudhary, Resident of village - Narayanpur, Police Station Kochas, District - Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uma Shankar Sharma For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Kochas P.S. Case No. 37/2016, registered for the offences punishable under Sections 406, 420 and 506 of the Indian Penal Code. Allegedly, the petitioner formed a committee and the informant also became the member and as per terms the informant paid Rs. 15,000/- per month but when the turn of the informant came for taking back the amount of Rs. 1,80,000/-, the petitioner declared that the committee has been terminated and did not return the amount of the informant. When the demand was made, threats were caused. Submission is of false implication and that there is no chit of paper to show that the informant has paid Rs. 15,000/- per month. Without any document this case has been lodged and the petitioner is

Patna High Court Cr.Misc. No.1524 of 2017 (2) dt.17-01-2017 2/2 suffering in custody since 14.10.2016 and has been sufficiently penalized. Charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence. Learned A.P.P. submits that the petitioner is named in the FIR.

In the facts and circumstances stated above and considering the custody of the petitioner and further that there is no chance of tampering with the prosecution evidence, now the petitioner, above named, is directed to be released on bail on execution of 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, Rohtas, Sasaram in connection with Kochas P.S. Case No. 37/2016, subject to the conditions that one of the bailors must be 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.) Rakhi U T