Hemant Kumar @ Hemant Kashyap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26022 of 2025 Arising Out of PS. Case No.-354 Year-2024 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Jai Kishore @ Jai Sharma S/o- Prabhunath Sharma Resident of House no- 416 near Antu Chowk New Area Saral Tand Morabadi PS- Bariatu DistrictRanchi Jharkhand ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 28104 of 2025 Arising Out of PS. Case No.-354 Year-2024 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Makrand Kumar Pawan @ Pawan Markandey S/o- Uma Kant Singh Resident of Deep Bhawan Krishngarh PS- Sultanganj District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 28166 of 2025 Arising Out of PS. Case No.-354 Year-2024 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Hemant Kumar @ Hemant Kashyap S/o- Satya Narayan Prasad Resident of House no- A/4 Baij Nath Bhawan Shree Ram Path Punaichak LBS Nagar, PSShastri Nagar District- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 26022 of 2025) For the Petitioner/s :

Mr. Siddharth Harsh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP (In CRIMINAL MISCELLANEOUS No. 28104 of 2025) For the Petitioner/s :

Mr. Siddharth Harsh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP (In CRIMINAL MISCELLANEOUS No. 28166 of 2025) For the Petitioner/s :

Mr. Siddharth Harsh, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-05-2025 Heard Mr. Siddharth Harsh, learned counsel for the petitioners and Mr. Anil Kumar Singh No. 1 (Cr. Misc. No.

2/4 26022/2025), Mr. Umanath Mishra (Cr. Misc. No. 28104/2025) and Mrs. Pushpa Sinha.1 (Cr. Misc. No. 28166/2025) learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with S.K. Puri P.S. Case No. 354 of 2024, F.I.R. dated 01.12.2024 for the offences punishable under Sections 420, 406, 467, 468 and 471 of the Indian Penal Code.

3. According to prosecution case, the informant entered into an agreement with Hinduja Leyland Finance Ltd. to take 300 old vehicles in Rs. 2,15,00,000/-. The informant paid all the money to the company but only received 193 such vehicles and that too without documents and after few days the company started seizing the vehicles and the NOC provided to the informant were false and fabricated. It is further alleged that the manager of the company threatened him when he demanded his money back.

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that although the petitioners are named in the F.I.R but it appears from the F.I.R that the informant has deposited the amount in question in favour of the company i.e., Hinduja Leyland Finance Ltd. He

3/4 further submits that the petitioners have made accused merely on the ground that the petitioners were employees at the relevant time and thereafter the petitioners have resigned from the Hinduja Leyland Finance Ltd. and they have no concern at all with the present occurrence. He further submits that it appears from the documents which are annexed and which are part parcel of the F.I.R that the informant has deposited the amount in question in favour of the aforesaid company.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances that the petitioners have clean antecedent, they have not received any amount from the informant and the informant has deposited the said amount in favour of the aforesaid company, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Patna in connection with S.K. Puri P.S. Case No. 354 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of

4/4 Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T