Onkar Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21468 of 2022 Arising Out of PS. Case No.-1148 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== ONKAR AGRAWAL Son of Dinesh Kumar Agrawal @ Dinesh Chandra Agrawal Resident of Village - Mahadewa Road, P.S.- Ara Nagar, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offences punishable under Sections 406, 419, 420, 467, 468, 471 and 120B/34 of the Indian Penal Code.

As per allegation made in the FIR co-accused Shailni Jain and her husband worked in a financial company named India Infoline limited and they are stated to be authorized brokers-cum- partners of the said company and they had been working for the last 12 years in the company and several persons invested their money in the company believing coaccused persons and finally the said co-accused persons closed

Patna High Court CR. MISC. No.21468 of 2022(2) dt.28-07-2022 2/3 the business and disappeared after taking crores of rupees of the investors.

The main submissions advanced by Sri Manoj Kumar learned counsel appearing for the petitioner are that the petitioner is not named in the FIR, his name surfaced during course of investigation, in fact, he worked in the alleged company as a computer operator, he was simply an employee of the said company, he was not paid salary for the last six months, has got no criminal antecedent and has been languishing in jail since 16.2.2022.

Learned APP has opposed the prayer for bail.

Heard both sides and perused the FIR. As per FIR main allegation is against Shailni Jain and her husband who are stated to be authorized brokers-cum partners of the alleged company and the petitioner is not named in the FIR and as per above submissions he simply worked as computer operator in the said company having clean antecedent. Morevor, one coaccused Subham Jain has been granted bail by coordinate bench of this court vide order passed in Cr. Misc. no. 24507/2022. In the light of these facts and considering the custody period of the petitioner, this court is inclined to grant privilege of bail to the petitioner. Accordingly, petitioner is directed to be

Patna High Court CR. MISC. No.21468 of 2022(2) dt.28-07-2022 3/3 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 the Chief Judicial Magistrate, Bhojpur at Ara in Ara Nawada P.S Case No. 1148 of 2021.

(Shailendra Singh, J) s.hassan/- U T