Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31513 of 2021 Arising Out of PS. Case No.-482 Year-2018 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== RAJESH KUMAR SINGH Son of Khadag Bahadur Singh R/o House no.- 7/3 Exclusive Bahar Sahara Estate Jankipuram, Lucknow, Uttar Pradesh ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Basistha Tiwari Son of Gupteshwar Tiwari R/o Sikadhi, P.S.- Bhabhua, District - Kaimur.

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

For the Petitioner/s :

Mr.Manoj Kumar Manoj, Adv.

For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bhabhua PS case no. 482 of 2018 instituted for the offences punishable under Sections 420, 406/34 of Indian Penal Code.

The petitioner is alleged to be the Director of a Company in the name and style of J.K.V. Land Developers and Infrastructure Limited and he is alleged to have allured the investors to invest money in the said Company, however had refused to return the maturity amount, after the same had become due to them and in the process, had embezzled a huge

Patna High Court CR. MISC. No.31513 of 2021(2) dt.13-12-2021 2/3 sum of money from the public at large.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 22.02.2019. The learned counsel for the petitioner has further submitted by referring to Annexure 2 to the present petition that he had resigned as a Director of the said Company long back on 22.02.2012. The learned counsel for the petitioner has further submitted that as far as complainant/ informant of the present case is concerned, he had not suffered any loss or any amount is not due to him.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of C.J.M.

Patna High Court CR. MISC. No.31513 of 2021(2) dt.13-12-2021 3/3 Kaimur at Bhabhua in connection with Bhabhua PS case no. 482 of 2018.

(Mohit Kumar Shah, J) rinkee/- U T