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Patna High CourtCR. MISC./64424/2018bail granted

Ramayan Singh v. The State Of Bihar

2018-10-29Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64424 of 2018 ======================================================

1. Ramayan Singh, Son of Rama Shankar Singh, Resident of VillageGamhariya, Police Station- Jalalpur, District- Chhapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Adv. For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-10-2018 The petitioner seeks regular bail in connection with Jalalpur P.S. Case No. 94 of 2017, registered for offences punishable under Sections 323, 379, 420, 467, 468, 409 and 506 of the Indian Penal Code and Section 27 of the Arms Act. Allegation as per complainant petition on the basis of which F.I.R. was registered is that the complainant/informant was induced by the accused persons to invest Rs. 70,000/- (Rs. Seventy Thousand) in a company, namely, Bajaj Holding and Investment Company with an assurance to give him a return of 12.5%. On which, he deposited an amount of Rs. 70,000/-(Rs. Seventy Thousand) but when he went to get the return, he found the office closed and when the accused persons came to take some articles from the office, informant and others stopped them and when they enquiry about their money, one of the co-accused pointed pistol

and threatened to kill.

It has been submitted on behalf of the petitioner that petitioner and several others have been named in the F.I.R. and no specific allegation has been attributed to the petitioner and other similarly situated co-accused persons have already been enlarged on bail by coordinate Benches of this Court vide order dated 02.07.2018 passed in Cr. Misc. No. 34390 of 2018 as well as vide order dated 09.04.2018 passed in Cr. Misc. No. 16576 of 2018 and petitioner has been in judicial custody since 28.07.2018. Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saran at Chapra, in connection with Jalalpur P.S. Case No. 94 of 2017, with following conditions:- (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 will not induce any witness or

tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail (Vinod Kumar Sinha, J) sunil/- U T