Vishal Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13080 of 2019 Arising Out of PS. Case No.-386 Year-2016 Thana- ARA NAGAR District- Bhojpur ====================================================== VISHAL KUMAR SINHA, aged about 45 years, (M) S/o Sri Uma Kant Prasad Resident of New Colony, Jailhatta, Sarvodya Nagar, Daltanganj,P.SDaltanganj, Distt.- Palamau, (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyam Shivam Sundaram For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-03-2019 Heard learned counsel for the parties.

Let defect no. 7 (1) as pointed out by the office be ignored.

Petitioner seeks bail in Ara Nagar P.S. Case No. 386 of 2016 registered for the offence punishable under Sections 406, 408 and 420 of the Indian Penal Code.

Allegation against petitioner in the FIR is that petitioner being Director of DJN commodities had duped large amount of money of the informant and his wife on the pretext of giving more interest on the amount deposited and giving high maturity value. It is further alleged that informant and others

Patna High Court CR. MISC. No.13080 of 2019(2) dt.05-03-2019 2/3 approached the Branch office of the company at Ara, the same was found closed.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner did not misappropriate the money of informant. Petitioner is in custody since 22.07.2016. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara, Bhojpur, in connection with Ara Nagar P.S. Case No. 386 of 2016, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.13080 of 2019(2) dt.05-03-2019 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U T