Dev Singar Ram @ Devki Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48398 of 2018 Arising Out of PS.Case No. -230 Year- 2017 Thana -GOPALPUR District- PATNA ======================================================
1. Dev Singar Ram @ Devki Ram, Son of Late Ram Jatan Ram, Resident of Eastern Street of Sampatchak Bazar, Police Station- Gopalpur, DistrictPatna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Rishikesh Chanchal For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2018 The petitioner is apprehending his arrest in connection with Gopalpur P.S. Case No. 230 of 2017, registered for offences punishable under Sections 448, 147, 148, 149, 341, 323, 504, 506, 354, 379 and 420 of the Indian Penal Code.
Allegation against the petitioner and others that they purchased onion worth Rs. 7,27,900/-, and gave three cheques by instructing the informant to encash those cheques after 15 October 2017. Thereafter informant went to the bank to encash those cheques but they were dishonored by the Bank with the note ' Insufficient Fund' and when the informant went to ask for his money, he was beaten and this petitioner snatched Rs. 5,000/- from his pocket.
It has been submitted on behalf of the petitioner that out
Patna High Court Cr.Misc. No.48398 of 2018 (2) dt.24-08-2018 2/3 and out false and fabricated allegation has been levelled against the petitioner and he has not entered into any transaction with the informant and the three alleged cheques were not issued by the petitioner rather it was issued by one Pankaj Kumar and so far allegation against the petitioner is of snatching Rs. 5,000/- is concerned, the same is ornamental.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -IX, Patna, in connection with Gopalpur P.S. Case No. 230 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the
Patna High Court Cr.Misc. No.48398 of 2018 (2) dt.24-08-2018 3/3 investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T