Deepak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Cr. Misc. No. 21419 of 2020 ====================================================== Deepak Sah, S/o Baidyanath Sah, resident of village-Jogiara, P.S.-Jale, District-Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Mukesh Kumar Jha, Advocate Mr. Bhola Prasad, Advocate For the Respondent State:

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-08-2020 Heard Mr. Mukesh Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Mukesh Kumar Singh, learned Additional Public Prosecutor, for the State of Bihar.

This application for grant of regular bail arises out of Harlakhi P.S. Case No. 214 of 2019, registered for the offence punishable under Sections 420, 406, 489(A) (B) (C) of the Indian Penal Code.

Briefly narrated, the case of the prosecution is that the petitioner had collected from the informant and others a total sum of Rs.27,500/- for being invested in a company, of which he was the Manager, with the assurance that they would be getting good return. It is alleged that the amount taken from the

informant and others was not repaid by the petitioner and when demanded, the petitioner is said to have given them currency notes worth Rs.10,000/-, which were found to be fake. Learned counsel for the petitioner has submitted that there is no recovery of any fake currency from the petitioner's possession. The informant himself produced before the police fake currency note making allegation that the same were given to him by the petitioner. The petitioner is in custody since 17.10.2019.

Considering the circumstance that there is no recovery of any fake currency notes from the petitioner's possession and that he has been implicated on the basis of allegation made by the private persons of having given to them fake currency notes, this application is allowed.

Let the petitioner, above named, be 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 learned A.C.J.M.-III, Benipatti, District-Madhubani, in Harlakhi P.S. Case No. 214 of 2019.

It is directed that the defect(s) in the application, pointed out by the Registry, must be removed within two months.

Since there is a lock down, the Court has considered it

appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.

(Chakradhari Sharan Singh, J) Pawan/- U T