Daya Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55128 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -KOCHAS District- SASARAM (ROHTAS) ====================================================== Daya Shankar Singh S/o Late Haridwar Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uma Shankar Sharma For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2017 Heard both sides.

The petitioner seeks bail in Kochas P.S. case No. 38 of 2016 under Section 406, 420, 34 of the Indian Penal Code. The informant alleged that petitioner, his brother, and others took Rs. 31 lacs on different dates but after maturation of the amount the petitioner did not return the amount. The learned counsel for the petitioner submits that petitioner did not receive any amount from the informant and in a similar case lodged by another person the petitioner has already been granted bail vide order dated 17.01.2017 passed in Cr. Misc. No. 1524 of 2017.

The learned counsel for the informant as well as the learned Additional Public Prosecutor submitted that the informant has annexed the agreement with the receipts of money duly signed

Patna High Court Cr.Misc. No.55128 of 2016 (4) dt.27-02-2017 2/2 by the petitioner in the name of informant and his family members.

It appears that petitioner has opened a fake company and persuaded the informant and others to deposit the amount on which hefty interest with principal amount will be returned but after maturation the petitioner did not return the amount of Rs. 31 lacs to the informant and others.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T