Lal Bahadur Shastri And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31548 of 2016 Arising Out of PS.Case No. -129 Year- 2014 Thana -ARIYARI District- SEKHPURA ======================================================

1. Lal Bahadur Shastri, Son of Late Lala Ram, Resident of Village Mansoor Nagar, P.S. Sohsarai, District Nalanda.

2. Niranjan Kumar Singh, Son of Surendra Singh, Resident of Village Porsanda, P.S. Hilsa, District Nalanda.

3. Dilip Kumar Yadav, Son of Tahal Yadav, Resident of Village Khemachak, P.S. + District Nawada .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ambika Bhagat, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-08-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 419, 420 and 406 of the Indian Penal Code registered in connection with Ariyari P.S. Case No. 129 of 2014.

3. It is submitted that the petitioners being the agents of the non-banking company have been falsely implicated as the deposits had been accepted by the company. In any event, the company is ready to refund the deposits received by it but owing to non-availability of liquid money, it was not possible to pay the same, rather repayment, in kind in the form of land, had been offered. It is therefore submitted that there was no intention of the petitioners to cheat the customers.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be

Patna High Court Cr.Misc. No.31548 of 2016 (3) dt.30-08-2016 2/2 released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Ariyari P.S. Case No. 129 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions:

(i) That one of the bailors of each of the petitioners shall be their close relative.

(ii) That the petitioners shall not indulge in any similar offence.

(iii) That the petitioners will be well represented on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Ibrar U T