Mohan Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21065 of 2024 Arising Out of PS. Case No.-546 Year-2004 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Mohan Prasad Gupta S/O- Late Bansropan Shah R/O- Village- Sonarpura Dildar Nagar, P.S.- Dildar Nagar, Dist.- Ghazipur (U.P.). ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Sunil Kumar Gupta S/O- Shivparsan Shah R/O- Village- Zamaule, P.S.- Rajpur, Dist.- Buxar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2024 Learned counsel on behalf of the petitioner and learned APP on behalf of the State present. However, no one appears on behalf of the informant.

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Complaint Case No. 546 (C) of 2004 instituted for the offences under Sections 406, 419, 427 of the Indian Penal Code.

3. Prosecution case, in short, is that this petitioner has embezzled a sum of Rs. 48,000/- from the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.21065 of 2024(2) dt.20-03-2024 2/2 Learned counsel further submitted that petitioner is ready to return Rs. 48,000/- to the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.01.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, as petitioner is ready to pay the disputed amount, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Complaint Case No. 546 (C) of 2004, after verifying the fact that petitioner has paid a sum of Rs. 48,000/- to the informant.

(Rudra Prakash Mishra, J) Alok Verma/- U T