Haribansh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22680 of 2015 Arising Out of PS.Case No. -338 Year- 2011 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Haribansh Singh Son of Tribhuwan Singh Resident of village - Dakshinayan Housing Complex, Near Tedhariya Har Loknath Temple, P.S. Bugdi, District - 24 Pargana ( West Bengal ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Umesha Nand Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-12-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 420, 467, 468 and 406 of the I.P.C Allegedly, the petitioner and other co-accused cheated the investors amounting to Rs. 1,20,000/- and did not dispatch the original receipt and bond of policy paper.

Submission is of false implication and that the petitioner is an employee of O.C.P.L Company and was working on the salary of Rs. 15,000/- per month having no concern with the management of the company. Surendra Mishra is the founder of O.C.P.L. Company and he is the whole and sole proprietor of the said Company. Surendra Mishra has been allowed pre-arrest

Patna High Court Cr.Misc. No.22680 of 2015 (6) dt.01-12-2015 2/2 bail after deposit of Rs. 1,20,000/- vide Cr. Misc. No. 45939 of 2015 by order dated 02.11.2015 by another coordinate Bench of this Court and further Ashish Ghatak and Devanand Kumar have also been allowed bail by the learned court below itself and the petitioner being a poor employee is suffering in custody since 28.02.2015.

The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering that Surendra Mishra being the Director has been allowed pre-arrest bail after deposit of Rs. 1,20,000/- and two other co-accused have also been allowed bail by the court below and as such the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Aurangabad in Aurangabad Town P.S. Case No. 338 of 2011, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T