Vikram Kumar Jha @ Vikram Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60339 of 2017 Arising Out of PS.Case No. -546 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Vikram Kumar Jha @ Vikram Jha S/o Birendra Nath Jha, R/o MohallaHanuman Nagar, Flat No. 15/520, P.O. and P.S. - Patrakar Nagar (Kankarbagh), District- Patna. The then District Co-operative- Officer- Cum Managing Director, Central Co-operative Bank Ltd, Nawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate Mr. Purushottam Jha, Advocate For the State : Dr.Mrityunjaya Kr.Gautam, APP For the Informant : Mr. Rajesh Ranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-12-2017 Heard counsels for the petitioner and the informant as well as APP for the State.
This is a case registered under Sections 409,420,467,468,471 and 120(B) of the Indian Penal Code. Counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He has drawn the attention of the Court towards the FIR and submits that primary responsibility for preparation of forged documents and obtaining the benefit lies upon the other accused namely, Geeta Singh, who is the Chairman of Vyapar Mandal. The petitioner is alleged to be in conspiracy with the said Geeta Singh. It is also submitted that he has falsely been implicated in this case on extraneous
Patna High Court Cr.Misc. No.60339 of 2017 (2) dt.22-12-2017 2/3 consideration. In support of which he relies on Annexure 4 of the bail application which is the order dated 20.04.2016 passed by the Registrar, Cooperative Societies. It has also been submitted that the said Geeta Singh, with whom the petitioner is alleged to have conspired, has already been allowed privilege of bail vide order dated 19.09.2017 passed in Cr. Misc. No. 45134 of 2017 whereas the petitioner is in custody since 17.10.2017. Though there are two cases pending against the petitioner which he disclosed in Para 3 of the bail application as well as in Para 2 of the supplementary affidavit but in both the cases he is on bail. Learned APP as well as counsel for the informant has opposed the prayer for bail.
In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in Nawada Town P.S. Case No. 546 of 2016 subject to the conditions : (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change
Patna High Court Cr.Misc. No.60339 of 2017 (2) dt.22-12-2017 3/3 in the address of the petitioner.
(ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.
(iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J) Prakash/- U