Deepak Sharma @ Deepal Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50686 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -MEHANDIA District- JEHANABAD ======================================================
1. DEEPAK SHARMA @ DEEPAL SHARMA Son of Kishori Sharma, Resident of Village-Belkhara, P.S.-Karpi, District-Arwal. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Mehandiya P.S. Case No. 54/2017 for offences punishable under Sections 409, 420 of the Indian Penal Code.
The prosecution case, as lodged by the Block Development Officer, Kaler, is that 37 beneficiaries of PMRY scheme did not receive the entire amount as Rs. 55,000/- which was transferred in the account of each beneficiary in which they only received Rs. 30,000/- but Rs. 25,000/- was not received by them. Petitioner being the Incharge of Customer Service Centre, Mehandiya has usurped the said amount of the beneficiaries. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.50686 of 2017 (4) dt.21-12-2017 2/3 petitioner that he is innocent, bears no criminal history, is not the Manager of the Bank, was only dealing with customer service and was just a promoter and coordinator. He submits that he did not have the bank passbook of the beneficiaries and the allegations are baseless. He further submits that charge-sheet has already been submitted, there is no allegation of tampering of the prosecution witnesses by the petitioner and he is languishing in judicial custody since 21.07.2017.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal (Jehanabad), in connection with Mehandiya P.S. Case No. 54/2017, subject to the following conditions :
(i) Both the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.
(ii) Petitioner will appear before the learned court below
Patna High Court Cr.Misc. No.50686 of 2017 (4) dt.21-12-2017 3/3 during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/- U T