Manoj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51923 of 2015 Arising Out of PS.Case No. -267 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================
1. Manoj Singh, s/o- Hari Narayan Singh, r/o Village + P.O.- Sedaha, P.S.- Tarari, District- Bhojpur, presently residing at New Sidhauli, Narayan Tola, Ward No. 3, P.S.- Dalmia Nagar, District- Rohtas .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15/ 23-01-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Dehari (Dalmiya Nagar) P.S. Case No.267 of 2015 instituted for the offence under Section(s) 420, 467, 468, 506, 406/34 Indian Penal Code.
It is alleged in the written report that the petitioner told the Informant he had got tender of Balu Ghat and he has to give 10% of the tender amount, which comes to rupees eight crores. He told the Informant to invest the money in the said tender and become partner and profit amount would be distributed equally. The Informant along with one Bindhyachal
2/4 Singh agreed to invest rupees five lacs in the tender. It was agreed that the said amount would be sent in the bank account of the petitioner and the account has been opened in the name of Rohit-Ritesh Construction Pvt. Ltd. The informant and others sent rupees five lacs in the account. The petitioner further told that he got construction work in Jharkhand and if any of his friends want to become partner in the said work, he will keep him. The Informant and other persons as named in the written report went to the house of the petitioner and agreed to send money in the bank account of the Company. The Informant gave rupees eight lacs, which was deposited in R.R. Construction account. One Bindhyachal Singh gave rupees three lacs and another Ghuran Singh gave rupees eight lacs forty thousand.
In this manner, the Informant and others deposited total rupees nineteen lacs forty thousand in the account. It is further alleged that the Informant and the petitioner went to the house of Ajit Singh @ Chintoo, where the petitioner proposed to purchase land. The Informant agreed to pay rupees nine lacs twenty thousand per kattha.
3/4 fifty thousand in the bank account of co-accused Guriya Devi, wife of the petitioner, at Dalmiya Nagar and rupees seven lacs fifty thousand was deposited by Chintoo Singh in the SBI account Dalmiya Nagar.
Counsel for the Informant has also appeared. He submits that the Informant deposited various amount in the account of the petitioner through bank. He has filed statement of bank account as well as pay-in-slips showing deposit of amounts in the account of the petitioner on various dates. It has further been submitted that several other cases for the similar offence(s) have been registered against the petitioner vide Dehri on Sone P.S. Case No.258 of 2015, 266 of 2015, 268 of 2015 and Baghaila P.S. Case No.37 of 2015.
The learned APP has submitted that the witnesses in para 6, 7, 13, 14, have all supported the allegation against this petitioner.
In such circumstances, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer of the petitioner for anticipatory bail is rejected.
The petitioner is directed to surrender before the court below and seek regular bail, which shall be considered and
4/4 disposed off on its own merit.
(Sanjay Priya, J) JA/- U T