Uday Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11193 of 2016 Arising out of PS.Case No. -127 Year- 2015 Thana -HALSI District- LAKHISARAI ====================================================== Uday Shankar, son of Late Krishnanandan Prasad Singh, resident of Mohalla- 11/F Rajendra Nagar, P.S.- Kadamkuan, District- Patna (In the F.I.R. also described as License Holder Shiv Shakti Construction). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Nilesh Kumar, Advocate. For the Opposite Party : Mr. Surendra Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Halsi P.S. Case No. 127 of 2015 for the offences instituted under Sections 467, 468, 504, 323 and 120(B) of the IPC. The prosecution story, in brief, is that the petitioner alongwith other has committed the breach of trust of an amount of Rs. 25,00,000/-with the informant on false pretext and with intention of not returning the same. He also fraudulently obtained the original partnership deed and threatened the informant of dire consequences.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.11193 of 2016 (2) dt.18-03-2016 2/2 petitioner has got no criminal antecedent. The informant claims to be the sub-contractor of the petitioner but there is no such document in support of the informant to show that there was any such agreement between the petitioner and the informant in respect to the contract work granted to the petitioner. On behalf of the State it has been submitted that the petitioner is named in the complaint/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Halsi P.S. Case No. 127/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Lakhisarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T