Sandeep Kumar Ghosh @ Sanjib Kumar Ghosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8123 of 2018 Arising Out of PS.Case No. -77 Year- 2017 Thana -ISHAKCHAK District- BHAGALPUR ====================================================== Sandeep Kumar Ghosh @ Sanjib Kumar Ghosh S/o Late Tushar Kanti Ghosh, R/o Village- Kilaghat, Road, P.S.- Tatarpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-03-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 15.11.2017 in connection with Ishakchak P.S. Case No. 77 of 2017 for the offence registered under Sections 467, 468, 469, 419, 420, 406 and 34 of the Indian Penal Code.

Learned Senior counsel for the petitioner submits that the entire story is false and fabricated and has been engineered to demoralize and humiliate the petitioner. The story of money being collected by the company from the depositors is wholly false and no such depositors have come forward to allege any misappropriation of money by the company. The petitioner is said to be one of the seven CMD's and, therefore, it is alleged that the

petitioner is also responsible for defrauding the depositors as well as informant of the case.

Diary of the present case was called for which has since been received.

A perusal of the case diary, as submitted by learned counsel for the State, does not reveal as to whether such investigation was made from the depositors nor has any such material come on record in the diary save and except the bald statement by the informant. There is no cogent material in the case diary so as to implicate the petitioner in connection with the present case.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 Chief Judicial Magistrate, Bhagalpur in connection with Ishakchak P.S. Case No. 77 of 2017, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the

trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U T