Ram Lagan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37032 of 2018 Arising Out of PS. Case No.-140 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Ram Lagan Sah, Son of Late Rameshwar Sah, Resident of Village - Patiyasha, P.S. Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s
Versus
1) The State of Bihar 2) Md. Shakeel, S/o Md. Muslim, R/Vill. Barajagganath, P.S. Ahiyapure, Distt- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh For the Opposite Party/s :
Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Ahiyapur P.S. Case No. 140 of 2018 registered for the offences punishable under Sections 406, 420 and 120(B) of the Indian Penal Code. Informant in his written complaint has alleged that the petitioner, Ram Lagan Sah and his son, Sudhish Kumar were running a Banking Company, namely, Jeevan Prakash India in his house and induced the complainant to deposit the money and he will be granted 18% interest over the deposit amount. However, after some time, the Company was found to be forged and when he demanded his money then they refused and also threatened.
Patna High Court Cr.Misc. No.37032 of 2018(5) dt.29-11-2018 2/3 It has been submitted on behalf of the petitioner that it was a registered company under the Registrar of Companies and his son, Sudish Kumar, was given authority on behalf of the company to sell the share of the company and the informant has purchased three thousand share valued at rupees 3 lacks 54 thousand. It has been further submitted that the petitioner has nothing to with the said Company and nowhere he is found to be involved in the affairs of the said Company. He is aged about 70 years and has been made accused only to extract money or execute the sale deeds for value of the money. It is further contended that petitioner has got no criminal antecedent and is in custody since 11.04.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No. 140 of 2018 with following conditions:- (1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.
Patna High Court Cr.Misc. No.37032 of 2018(5) dt.29-11-2018 3/3
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T