Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30258 of 2019 Arising Out of PS. Case No.-418 Year-2017 Thana- PATLIPUTRA District- Patna ====================================================== SATYAM KUMAR Son of Shyam Sundar Singh @ Sunil Singh @ Sunil Kumar Singh Resident of Village-Morsand, P.S.-Runni Saidpur, P.O-Morsand, District-Sitamadhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar, Advocate For the informant :

Mr. Nikesh Sinha, Advocate.

For the Opposite Party/s :

Mr.Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Patliputra P.S. Case No. 418 of 2017, instituted for the offence under Section(s) 403, 406, 407, 420, 379, 467, 468, 471 and 120(B) of the Indian Penal Code.

It is alleged in the written report that informant used to run show rooms of different companies in Patna, Muzaffarpur and other cities after taking franchisee. Petitioner was doing work in the show room of informant. It is alleged that during course of service, petitioner along with other accused persons started cheating in the show room of informant and created forged bills and committed forgery. It is

Patna High Court CR. MISC. No.30258 of 2019(2) dt.08-05-2019 2/3 further alleged that petitioner along with others misappropriated Rs.2,25,000/- of the informant and left the job. It is further alleged that petitioner along with other accused persons built a house out of the misappropriated money of the informant.

Counsel for the petitioner submits that other coaccused persons with similar allegation has already been granted bail by this Court vide order dated 16.4.2019 passed in Cr. Misc. 24374 of 2019. He further submits that there is no allegation of any specific overt act against the petitioner in the case diary. From the written report it appears that petitioner is said to have misappropriated amount of Rs.2,25,000/- on 16.11.2016, but First Information Report has been lodged on 28.11.2017 i.e. after lapse of one year.

Petitioner is in custody since 6.12.2018 having clean antecedent.

Counsel for the informant has appeared and submitted that charge sheet has already been submitted. He opposed the prayer of bail.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing

Patna High Court CR. MISC. No.30258 of 2019(2) dt.08-05-2019 3/3 bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge XIIcum-A.C.J.M. Patna, in connection with Patliputra P.S. Case No. 418 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner with further conditions which are as follows:

(i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T