Ashok Singh @ Kumar Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 45798 of 2014 Arising Out of PS.Case No. -200 Year- 2014 Thana -MAJORGANJ District- SITAMARHI ====================================================== Ashok Singh @ Kumar Ashok Singh Son of Late Suresh Singh Resident of Village - Sasaula (Kuarpatti), Police Station - Mejorganj, DistrictSitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 14-05-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Majorganj P.S. Case No. 200 of 2014 dated 13.06.2014 instituted under Sections 323/406/420/379/384/504 of the Indian Penal Code.

The allegation against the petitioner is that he along with his brother has collected Rs. 5,75,000/- from 50 labourers on the plea that they would be provided job in Dubai after preparing passport. The further allegation is that when the accused did not fulfil their promise, the informant along with others had gone to the house of the petitioner where they were abused and assaulted and further the petitioner is said

Patna High Court Cr.Misc. No.45798 of 2014 (4) dt.14-05-2015 2/3 to have snatched Rs. 2,000/- from the pocket of the informant and the other accused had snatched Titan watch. Learned counsel for the petitioner submits that as per the fardbeyan itself the money was taken by the brother of the petitioner namely Ran Vijay Singh for which he has given receipt on non-judicial stamp paper which clearly shows that it is a civil dispute relating to money. Learned counsel submits that because he is the brother of the said co-accused and had not signed on the receipt, in order to rope him and create undue pressure on the family members, he has been implicated in the case with the cosmetic allegation that he had snatched Rs. 2,000/- from the pocket of the informant.

It is submitted that the informant is alleged to have gone to the house of the petitioner along with many other persons and thus it is unbelievable that one person could snatch Rs. 2,000/- from a group of persons without any resistance. It is also submitted that case is purely of civil nature and the petitioner has no criminal antecedent.

Learned A.P.P.

opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.45798 of 2014 (4) dt.14-05-2015 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in Majorganj P.S. Case No. 200 of 2014, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds.

(Ahsanuddin Amanullah, J.) Anand Kr.

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