Des Raj @ D.S. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67456 of 2019 Arising Out of PS. Case No.-5 Year-2014 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Des Raj @ D.S. Singh S/o Sri Gian Chand, Resident of 13th B.N. SSB, Pipra Kothi, Amwa, Pipra Factory, East Champaran, District- East Champaran, Bihar-845429.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sukhlal Sah S/o Ram Dayal Sah, Resident of Barwa Tola, Bilchhapati, P.S.- Nakardehi, Distt.- East Champaran.

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

For the Petitioner/s :

Mr.Rohit Mishra For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned counsel for the complainant and the State.

In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No.05-C/2014 registered for offence punishable under sections 341, 342, 323, 406, 379/34 of the Indian Penal Code.

A serious allegation has been made against this petitioner that in a civil dress, they are moving and cheating the person coming from Nepal side. The complainant was intercepted and from whom Rs.8,00,000/- (eight lakhs) and 650 gram gold was taken which was sent by the complainant's master to deliver the same to Laxmi Jewellers at Motihari.

Patna High Court CR. MISC. No.67456 of 2019(4) dt.05-03-2020 2/2 In the present case, the complainant has come to the dock and made a statement in solemn affirmation and at the same time, the master of complainant has also appeared and made a statement for confirming the incident. They are supposed to protect the citizen, not to cheat and mislead. Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below preferably on the same day will take decision in accordance with law.

(Shivaji Pandey, J) Mahesh/- U T