Harinath Singh Yadav @ Harinam Singh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22518 of 2022 Arising Out of PS. Case No.-545 Year-2020 Thana- BUXAR District- Buxar ====================================================== HARINATH SINGH YADAV @ HARINAM SINGH YADAV S/o Gaya Prasad Yadav Resident of 63 -A, Sarswati Puram, Janki Puram Vistar Lucknow, U.P., Permanent R/o village- Haidar Pur, P.S.- Hargawn, DistrictSita Pur, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Binod Kumar no.3, APP For the Informant : Dr. Kamal Deo Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 406, 467, 468, 471 and 120B of the Indian Penal Code.

As per the prosecution case, the petitioner who happen to be the CMD of a registered company namely VGE Mart Private Limited is said to have cheated 550 persons including the informant herein of a total sum of Rs.8.23 crores. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only on account of his being the CMD of the said registered company. He was himself one of the investors in the said

Patna High Court CR. MISC. No.22518 of 2022(4) dt.11-01-2023 2/3 company and is no longer associated with the same. He is in custody since 4.1.2022 and chargesheet has been submitted in the case. It is submitted that in view of the nature of allegation, the evidence against the petitioner, being documentary in nature, is already in possession of the investigating agency. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the allegation against the petitioner is serious in nature being to the effect that he happens to be the Chief Managing Director of the company which cheated 550 persons of a total sum of Rs.8.23 crores.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the petitioner being in custody for a year since 4.1.2022, the evidence being primarily documentary in nature and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Buxar (T) P.S. Case no.545 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar. It is directed that the petitioner shall cooperate in

Patna High Court CR. MISC. No.22518 of 2022(4) dt.11-01-2023 3/3 the trial and shall remain properly represented in Court on each date of the trial. In case the learned trial court is of the opinion that the trial is being delayed for reasons attributable to the petitioner, the learned trial court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Saurabh/- U T