Omkar Nath v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24565 of 2018 Arising Out of PS. Case No.-827 Year-2017 Thana- DANAPUR District- Patna ====================================================== Omkar Nath S/o Sri Kishore Kumar Singh, R/o Vill.- Bhakura, P.S.- Muffasil, District- Bhojpur at present residing at Holding No. 255, Trimuala Ramjaipal Nagar, Gola Road, P.S.- Rupaspur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyabir Bharti For the Opposite Party/s :
Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Danapur P.S. Case No. 827 of 2017, registered for the offence punishable under Sections 420, 406, 468, 471 and 120B of the Indian Penal Code.
The case of the prosecution is that the petitioner is the Secretary of the Society, namely, Swarn Jayanti Sewa Samity and it is alleged that the said society and its officials had approached the informant of the present case and demanded money from him and other persons on the pretext of granting job in the society and thereafter, the informant was granted job in the said society, but he was not paid for his job.
Patna High Court Cr.Misc. No.24565 of 2018(4) dt.04-07-2018 2/3 The learned counsel for the petitioner submits that the petitioner is innocent and he is only the Secretary of the said Society, as such, he is not solely responsible for the work of the society. Nonetheless, the fact is that the allegations levelled by the informant is baseless and unsubstantiated. The learned counsel for the petitioner has further submitted that not a single chit of receipt or paper has been brought on record of the case to suggest that any money was paid by the informant of the present case to the petitioner herein. The petitioner is said to be accused in some other cases and is said to be languishing in custody since 04.01.2018.
Per contra, the learned counsel appearing on behalf of the informant has submitted that the petitioner is fully involved in the job racket and has even forged the appointment letters of the civil court.
At this juncture, the learned counsel for the petitioner submits that no material whatsoever has been shown to this Court to suggest that the appointment letters of the civil court has been forged. It is further submitted that the petitioner has not been made an accused in the said F.I.R., referred to by the learned counsel for the informant, in which there is allegation of forging of the appointment letters of the civil court, hence, the
Patna High Court Cr.Misc. No.24565 of 2018(4) dt.04-07-2018 3/3 present case should not be linked to the said case. I have heard the learned counsel for the parties and perused the materials on record as also gone through the case diary.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur, Patna in connection with Danapur P.S. Case No. 827 of 2017.
It is further directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 am. on each Monday of the week and in the event of two consecutive defaults, the present privilege of the regular bail shall stand cancelled automatically. (Mohit Kumar Shah, J) ajay gupta/- U T