Shyam Sundar Singh @ Sunil Singh @ Sunil Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11328 of 2019 Arising Out of PS. Case No.-418 Year-2017 Thana- PATLIPUTRA District- Patna ====================================================== 1.

SHYAM SUNDAR SINGH @ SUNIL SINGH @ SUNIL KUMAR SINGH Son of Sri Ratneshwar Singh, Resident of Village- Morsand, P.S.- Runni Saidpur, P.O.- Morsand, District- Sitamadhi 2.

Meena Kumari Wife of Shyam Sundar Singh @ Sunil Singh @ Sunil Kumar Singh, Resident of Village- Morsand, P.S.- Runni Saidpur, P.O.- Morsand, District- Sitamadhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-02-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Patliputra P.S. Case No. 418 of 2017 for the offences punishable under Sections 403/406/407/420/379/467/468/471 and 120(B) of the Indian Penal Code .

The allegation is regarding the three sons of the petitioners herein having been given employment by the informant in his various show-rooms being run at Patna, Muzaffarpur and other towns and they were looking after the work of stock, store and cash counter, however, after sometime, the petitioners had entered into a criminal conspiracy along with the petitioners herein and cheated the informant by

Patna High Court CR. MISC. No.11328 of 2019(2) dt.25-02-2019 2/3 misappropriating a sum of Rs. 25 lacs approximately by committing fraud and forgery in the show room. The learned counsel for the petitioners submits that the three sons of the petitioners might be the main accused persons in the present case, however, the petitioners herein being the father and mother of the said three sons, who are already in custody, do not have any role to play, and in fact the sons of the petitioners were the persons who were looking after the show rooms of the informant and if there is any complicity in the matter, it might be theirs. It is further submitted that at the moment the petitioners are having a clean antecedent and in the past, one case was pending against the petitioners, but they have been acquitted in the said case. The petitioners are languishing in custody since 06.12.2018.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that though, it is true that the three sons of the petitioners are in custody, but the petitioners herein, being parents, must have also guided their sons in misappropriating the money. Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two

Patna High Court CR. MISC. No.11328 of 2019(2) dt.25-02-2019 3/3 sureties of the like amount each to the satisfaction of learned Sub-Judge XII cum A.C.J.M., Patna in connection with Patliputra P.S. Case No. 418 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T