Shailesh Singh @ Shailesh Kumar Singh @ Dhuna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76668 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- KACCHWA District- Rohtas ====================================================== 1.

Shailesh Singh @ Shailesh Kumar Singh @ Dhuna Singh 2.

Santosh Seth, Son of Radhe Shayam Seth, Both are resident of Village - Danawar, P.S.- Kachhawa, Distt - Rohtas. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Binayak Kumar Shrivastav, Advocate For the Opposite Party :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-06-2020 Heard learned counsel for the petitioners and learned counsel for the State via video conferencing. By way of the present application, the petitioners have sought for pre-arrest bail in connection with Kachhawa P.S. Case No.48 of 2019 registered for the offences punishable under Sections 406, 420, 409, 468 and 120 B read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that the witnesses examined during investigation whose statements have been recorded in paragraph no. 17 and 18 have categorically stated that no payment was made to the petitioners. They have stated that the beneficiaries have received the payment and are constructing their house under the "Prime

Patna High Court CR. MISC. No.76668 of 2019(4) dt.19-06-2020 2/2 Minister Awas Yojna".

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioners. Considering the materials collected by the police during investigation, specially the statement of witnesses recorded in para 17 and 18 of the case diary, the petitioners are directed to be released on bail in the event of their arrest or surrender in the court below on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Bikramganj in connection with Kachhawa P.S. Case No.48 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T