Indu Bhushan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5798 of 2022 Arising Out of PS. Case No.-197 Year-2020 Thana- SIKANDRA District- Jamui ====================================================== 1.

KUMAR SAURAV @ KUMAR SAURAV SINGH Son of Vinod Kumar Mishra, Resident of Flat No.802/A,. Vasundhara Garden, Tetar Toli, Harihar Singh Road, Bariatu, Near R.I.M.S. Morabadi, Ranchi University, P.S.- Bariatu, District- Ranchi (Jharkhand).

2.

Rameshwar Pd. Singh @ Rameshwar Prasad Singh Son of Ramlakhan Singh, Resident of 402 A, Lotus Apartment, Near Army School Morabadi, P.S.- Bariatu, Ranchi G.P.O., District- Ranchi (Jharkhand). 3.

Ravindra Bharti @ Rabindra Bharti Son of Yogendra Prasad Singh, Resident of Q. No.R- 21/5, Harmu, Infront of Housing Board Office, Harmu Housing Colony, Ranchi, Doranda, P.S.- Doranda, District- Ranchi (Jharkhand) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6308 of 2022 Arising Out of PS. Case No.-197 Year-2020 Thana- SIKANDRA District- Jamui ====================================================== INDU BHUSHAN JHA Son of Late Daroga Jha, Resident of Flat No. 202, Malabar Resort, Anantpur, P.S. - Chutia, District - Ranchi (Jharkhand). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 5798 of 2022) For the Petitioner/s :

Mr. S.D. Sanjay, Sr. Advocate Mr. Mohit Agrawal, Advocate Mr. Lokesh Kumar, Advocate Mr. Anand Kumar, Advocate Mr.Parul Prasad, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP (In CRIMINAL MISCELLANEOUS No. 6308 of 2022) For the Petitioner/s :

Mr. S.D. Sanjay, Sr. Advocate Mr. Mohit Agrawal, Advocate Mr. Lokesh Kumar, Advocate Mr. Anand Kumar, Advocate Mr.Parul Prasad, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ======================================================

Patna High Court CR. MISC. No.5798 of 2022(2) dt.24-08-2022 2/3 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-08-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard Mr. S.D. Sanjay, the learned senior counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Sikandra P.S. Case No. 197 of 2020 registered for offence punishable under sections 420, 406, 467, 468, 471, 120B r/w 34 of the Indian Penal Code.

As per allegation, the informant Amit Kumar Singh, who is owner of the firm of M/s Mangalmurti Constructions entered into the petty contract with M/s Vijeta Projects and Infrastructures, to which the petitioner Pancham Singh was Managing Director. As per allegation, M/s Vijeta Projects and Infrastructures assigned to perform the work to the informant's firm and after completing the work worth Rs.50 crores, the work was withdrawn from the informant's firm. M/s Vijeta Projects and Infrastructures withheld Rs. 11.20 crores of the principal amount and on demand, a cheque of Rs. 50 lacs was issued, which was dishonoured by the Bank. At the very outset, Mr. S. D. Sanjay, the learned senior counsel for the petitioners has submitted that these petitioners are merely employees of M/s Vijeta Projects and Infrastructures and

Patna High Court CR. MISC. No.5798 of 2022(2) dt.24-08-2022 3/3 its Managing Director, Sri Pancham Singh has been granted anticipatory bail in Cr. Misc. No. 31306 of 2021, vide order dated 24.11.2021, by the coordinate Bench. He has also submitted that while granting anticipatory bail to Managing Director of M/s Vijeta Projects and Infrastructures, the coordinate Bench has observed that it was a matter of civil nature. Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Sikandra P.S. Case No. 197 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T