Nawal Kishore Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28575 of 2017 Arising Out of PS.Case No. -3368 Year- 2014 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Nawal Kishore Prasad Son of Deonath Prasad, R/o Village- Barkaganw Bherihari Tola, P.S.- Bhagwanpur Hat , District- Siwan. .... .... Petitioners

Versus

1. The State of Bihar.

2. Rajeshwar Prasad, Son of Nathuni Prasad, R/o Village- Sipar, P.S.- Basantpur, District- Siwan.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

07-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Complaint Case No. 3368/2014 registered for the offence punishable under Sections 404, 406, 420, 506, II of the Indian Penal Code. Learned counsel for the petitioner submits that the investors of a non-banking financial institution in which the present petitioner was working as agent has brought the present case. Although in the complaint petition there is an allegation that this petitioner and his family members were acting as Managing Director and Directors respectively of this company, however the petitioner has enclosed documentary

evidences to show that the company M/s National Services was a unit of OSW Media Index Limited and the registered office of the company was at Chandigarh.

Learned counsel for the petitioner submits that the complainant was himself an agent in the said company and in several cases filed by the investors, the complainant has also been implicated as an accused. Learned counsel further states that now the complainant has filed the present complaint case against this petitioner in order to save his own skin. Learned counsel refers some of the orders passed by coordinate Benches of this Court in Cr. Misc. No. 3840/2017, Cr. Misc. No. 12192/2017 and Cr. Misc. No. 23891/2015, and submitted that in those cases the petitioner has been granted regular bail as well as anticipatory bail in one of the cases.

Considering the nature of allegation that the case of the petitioner is that he along with complainant was an agent and that he has been granted privilege of bail in other cases by coordinate Benches of this Court, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of

the learned Chief Judicial Magistrate, 1st Class, Siwan, in connection with Complaint Case No. 3368/2014, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T