Daya Shankar Singh @ Daya Shankar Chaudhary v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39154 of 2017 Arising Out of PS.Case No. -38 Year- 2016 Thana -KOCHAS District- SASARAM (ROHTAS) ======================================================
1. Daya Shankar Singh @ Daya Shankar Chaudhary S/o Late Haridwar Singh, Resident of Village- Narayanpur, P.S.- Kochas, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Utam Kumar, S/o Ramesh Seth, Resident of Village- Chitaw, P.S. Dinara, District- Rohtas.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uma Shankar Sharma For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-11-2017 Heard both sides.
The petitioner seeks bail in Kochas P.S. case No.38 of 2016 registered under Section 406, 420/34 of the Indian Penal Code.
The learned counsel for the petitioner submits that prayer of petitioner for bail was earlier rejected by this court vide order dated 27.02.2017 passed in Cr. Misc. No. 55128 of 2016. The petitioner is in jail since 14.10.2016 and the trial has not yet begun. In a similar case, i.e., Kochas P.S. case No. 37 of 2016, lodged by another person, petitioner has already been enlarged on bail.
The learned counsel for the informant as well as the
Patna High Court Cr.Misc. No.39154 of 2017 (3) dt.01-11-2017 2/2 learned A.P.P. vehemently opposed the prayer for bail. Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that petitioner is in jail for more than one year and in a similar case the petitioner has already been enlarged on bail, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Kochas P.S. case No. 38 of 2016. (Prabhat Kumar Jha, J) BKS/- U T