Md. Chhotu v. The State Of Bihar

.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dr. Manoj Kumar, Advocate. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 31-10-2013 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case instituted for the offences under Sections 419 and 420/34 of the Indian Penal Code. As per the First Information Report it is alleged that Neelam Devi and her son-in-law were taking money from the villagers for multiplying the same. On that context huge amount was recovered from the villagers. Again Neelam Devi, petitioner and Md. Sidhu came and gave proposal and demanded money from the villagers whereupon the petitioner along with Neelam Devi were arrested on chase. Learned counsel for the petitioner submits that it is Neelam Devi who has duped the villagers not the petitioner. Patna High Court Cr.Misc. No.45611 of 2013 (2) dt.31-10-2013 2 He has only gone along with her. He further submits that on the day of arrest there was no money transaction and no case under Section 420 of the Indian Penal Coe is made out. Whatever the money was taken it was taken day before the occurrence. The petitioner is in custody since 21.7.2013. Having considered the facts and circumstances of the case, let the petitioner, Md. Chhotu, be released on bail on or after 21st December, 2013 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Ishupur (Barahat) P.S. Case No.42 of 2013, subject to the conditions that (i) That one of the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to Patna High Court Cr.Misc. No.45611 of 2013 (2) dt.31-10-2013 3 initiate the proceeding for cancellation of bail on the ground of misuse (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vinay/- (Shivaji Pandey, J)