Patna High CourtCR. MISC./29259/2024bail granted

Sitaram Pandey v. The State Of Bihar

2024-07-31Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29259 of 2024 Arising Out of PS. Case No.-141 Year-2017 Thana- GAYA KOTWALI District- Gaya ====================================================== Sitaram Pandey Son of Late Radhey Pandey @ Radhy Sharma Pandey Resident of Village- Gafakala, P.S.- Bodh Gaya, Dist.- Gaya at Present- VillLakhibagh, P.s- Mufassil, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Advocate Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP Mr. Vindhyanchal Singh, Sr. Advocate Mr. Parijat Saurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-07-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 467, 468, 420, 406 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is accused of cheating his employer of Rs. 30 Lakh. Charge sheet has been submitted in the case.

4. Learned counsel for the petitioner has submitted that the petitioner is quite innocent and has not committed any offence. He is in jail since 29.12.2023

5. Learned senior counsel for the informant has vehemently opposed the prayer of the petitioner and has submitted that the petitioner may not be released on bail until

Patna High Court CR. MISC. No.29259 of 2024(3) dt.31-07-2024 2/2 and unless he pays the entire defalcated amount to the informant.

6. I have considered the submissions of the parties. It is a well settled law that criminal case cannot be used as a tool to recover money.

7. Considering the period of the custody and the allegation, this application for regular bail is allowed.

8. 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 Chief Judicial Magistrate, Gaya/concerned Court below in connection with Kotwali P.S. Case No. 141 of 2017 subject to condition that:- 7(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below through his lawyer or will appear himself.

(Sandeep Kumar, J) Shishir/- U T