Vipul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13681 of 2019 Arising Out of PS. Case No.-105 Year-2016 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Vipul Kumar, Son of Prem Prakash Director, C-2-C Consultancy, D-Block Lane -1, Aman Vihar Sahastradhara Road, Dehradun, Uttara Khand, Pin248001, Present office at Shop No.25 Friends Plaza, Dilaram Chowk, Rajpur Rd. Dehradun, Uttara Khand, Pin 248001.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Partys ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyendra Narayan Singh, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2019 This is an application for grant of anticipatory bail in connection with Ishaqchak (Tilkamanjhi) P.S. Case No.105 of 2016 disclosing offences under Sections 406, 419, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
Prosecution story is that petitioner is running consultancy for admission and he had agreement with the petitioner for admission of the students in different colleges but in spite of taking money, he had not admitted in the college, as such misappropriated the amount of Rs. 4230000/-. Submission of the learned counsel for the petitioner is that during the investigation it has come on record that petitioner had admitted 44 students in different colleges and
Patna High Court CR. MISC. No.13681 of 2019(5) dt.09-05-2019 2/2 produced the certificate for that. Further submission is that the petitioner has no criminal antecedent.
Heard learned A.P.P. as well as learned counsel for the opposite party no.2, they have opposed prayer for bail on the ground that petitioner has committed forgery and the certificate produced by the petitioner was also forged and it has also come on record that process of Section 82 Cr.P.C. has already been exhausted against the petitioner.
Having heard both sides, in view of the facts and circumstances, let the petitioner surrender before the court below who will verify as to whether the process under Section 82 of Cr.P.C. has been exhausted and if it is not exhausted, then the petitioner be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Bhaglpur, in connection with Ishaqchak (Tilkamanjhi) P.S. Case No. 105 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunil/- U T