Satrughan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11560 of 2017 Arising Out of PS.Case No. -222 Year- 2016 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Satrughan Bhagat, S/o Late Sheetal Bhagat, R/o Village Bakhri Padumnath, P.S.- Chakiya, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Chakiya P.S. Case No. 222 of 2016 instituted for the offence under Section(s) 406, 420, 34 of the Indian Penal Code.

There is allegation against the petitioner that he was paid Rs. 3,00,000/- as per punchayati to compromise the case but he did not compromise the case. It is alleged that Rs. 1,40,000/- was paid to the petitioner in his bank account and the remaining money was paid to the petitioner in cash. It has been submitted on behalf of the petitioner that the case in question i.e. Chakiya P.S. Case No. 36 of 2015 was registered under Section 307 of the Indian Penal Code, as such the case was not compoundable and only concocted story has

Patna High Court Cr.Misc. No.11560 of 2017 (3) dt.13-04-2017 2/2 been made by the informant.

It has been mentioned in the impugned order that in para 42 of the case diary, there is mention that Rs. 1,40,000/- has been deposited in the account of the petitioner. Learned A.P.P. after verification of the 42 of the case diary has mentioned that there is mere mentioning that Rs. 1,40,000/- was deposited in the bank account of the petitioner but there is no mentioning of name of the depositor in para 42 of the case diary.

The petitioner is said to be in custody since 11.12.2016.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XIII, East Champaran, Motihari in connection with Chakiya P.S. Case No. 222 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) Shageer/- U T