Ram Prasad Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53491 of 2016 Arising Out of PS.Case No. -227 Year- 2015 Thana -JAKKANPUR District- PATNA ====================================================== Ram Prasad Bhagat, S/o Vilas Bhagat, R/o village - Manichauk, Tole - Harsingpur, P.S. Runni Saidpu, District - Sitamarhi .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Jha, Advocate For the Opposite Party/s : Mr. Sri Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2017 At the very outset learned counsel for the petitioner submits that by mistake in place of order dated 5.2.2016 passed by this Court in Cr.Misc.No. 52933 of 2015, the order passed in the quashing application has been annexed as Annexure-2 and, as such, he may be permitted to rectify the mistake. Permission is allowed.
Heard learned counsel for the petitioner.
This is an application for bail in connection with Jakkanpur P.S.Case No. 227 of 2015 registered under Sections 420, 409 and 120B/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that FIR has been lodged against one Satish Prasad, who is the cashier in the office of Joint Agriculture Director alleging therein that
Patna High Court Cr.Misc. No.53491 of 2016 (3) dt.25-01-2017 2/3 some cheques were found missing and the cashier was the custodian of the said cheques. However, the said Satish Prasad has been granted bail by this Court vide order dated 5.2.2016 passed in Cr.Misc.No.52933 of 2015. Later on the name of one Om Prakash has been transpired and he has also been granted bail by this Court by order dated 22.10.2016 passed in Cr.Misc.No.33694 of 2016. However, during investigation it has come that one cheque has been encashed by one Amar Nath Singh, Contractor and when CCTV footage was perused it has come that the petitioner was present along with Amar Nath Singh at the time of encashment of the cheque and, hence, the name of the petitioner transpires in this case. It is further submitted that the petitioner is neither beneficiary nor is there any allegation that he has taken the cheque and in any way concern with the office of the Joint Director or with the aforesaid Amar Nath Singh and the petitioner is in custody since 5.9.2016.
Heard learned APP also.
Having heard learned counsel for both sides and considering the facts stated above, let the petitioner Ram Prasad Bhagat be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Smt. Supriya Goswami, Judicial
Patna High Court Cr.Misc. No.53491 of 2016 (3) dt.25-01-2017 3/3 Magistrate, 1st Class, Patna, in connection with Jakkanpur P.S.Case No. 227 of 2015, subject to the conditions that one of the bailors should be a local one and further he will co-operate in the trial and make himself available before the court on the dates fixed and in the event of failure on his part to appear before the court on two consecutive dates, his bail bond shall be liable to be cancelled. (Vinod Kumar Sinha, J) spal/- U