Manoj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32441 of 2020 Arising Out of PS. Case No.-301 Year-2019 Thana- MUSAHARI District- Muzaffarpur ====================================================== MANOJ SHARMA, S/o Ram Dayal Sharma R/o Village and P.O.- Mithanpura, P.S.-Mithanpura, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bipin Chandra For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-02-2021 Heard Dr. Bipin Chandra, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Mushahari P. S. Case No. 301 of 2019 dated 26.12.2019, instituted for the offences under Sections 406, 420, 467, 468, 471 and 34 of the Indian Penal Code.

One Md. Nazim is said to have visited the village of the informant and is also alleged to have told the villagers that he is employed with "Jajba Finance" which is owned by the petitioner which grants loan to poor farmers for construction of their houses and also

Patna High Court CR. MISC. No.32441 of 2020(2) dt.10-02-2021 2/3 for the purchase of livestock. On that assurance, many persons invested money, but they have not got their money back.

The learned counsel for the petitioner has submitted that the petitioner is the proprietor of "Jajba Finance" but the accusation against him is absolutely unwarranted.

Md. Nazim who is said to have collected money from the villagers was an erstwhile employee of the petitioner, who was thrown out of the office for his acts of omission and commission. After he lost his job, he has duped the villagers by taking the name of the petitioner. There is no deposit with the firm belonging to the petitioner.

The learned counsel for the petitioner further submits that the accusation in the F.I.R. is absolutely vague and even the details of the deposit and depositors have not been stated.

Considering the afore-stated facts, the

Patna High Court CR. MISC. No.32441 of 2020(2) dt.10-02-2021 3/3 petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 6th cum Sub Judge, Muzaffarpur, in connection with Mushahari P. S. Case No. 301 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T