Sanjay Singh @ Sanjeet Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54441 of 2016 Arising Out of PS.Case No. -359 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================
1. Sanjay Singh @ Sanjeet Singh, son of late Dwarika Singh,
2. Raushan Singh, son of Sanjay Singh @ Sanjeet Singh &
3. Bablu Kumar, son of Sanjay Singh @ Sanjeet Singh, all are resident of village-Rupau, P.S.-Rupau, District-Nawada .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ram Swaroop Manjhi, son of Chando Manjhi, resident of villageJalalpur, P.S.-Akbarpur, District- Nawada .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate, For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 11-01-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Complaint Case No.359 of 2014 instituted for the offence under Section(s) 406 and 409 Indian Penal Code.
It is alleged in the Complaint Petition that accused Sanjay Singh (petitioner No.1) was working for NGO and he collected Rs.100/- for preparing register and seal and Rs.500/- for opening account in the bank, but neither register was purchased nor any account was opened and, thus, he has cheated the amount of Rs.3,300/- on account of opening the account and finally Rs.2,50,000/- from different persons as mentioned in para 8 of
Patna High Court Cr.Misc. No.54441 of 2016 (3) dt.11-01-2017 2/3 the Complaint Petition. When the complainant along with the witnesses went to the house of accused, they became ready to assault the complainant.
In this manner, from the Complaint Petition it appears that there is specific overt act against Sanjay Singh @ Sanjeet Singh (petitioner no.1) of cheating the various persons including the complainant.
In the circumstances, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner No.1Sanjay Singh @ Sanjeet Singh. His prayer for bail is rejected. He is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, which shall be considered and disposed off on its own merit. So far as petitioner Nos. 2 and 3 i.e. Raushan Singh & Bablu Kumar are concerned, there is no allegation of overt act against them. They are the sons of Petitioner No.1. In the aforesaid circumstances, it is ordered that in the event of their surrender/arrest within six weeks from today in connection with Complaint Case No.359 of 2014, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, subject to
Patna High Court Cr.Misc. No.54441 of 2016 (3) dt.11-01-2017 3/3 the conditions as laid down under Section 438(2) Cr. P. C. (Sanjay Priya, J) JA/- U T