Prashant Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41902 of 2019 Arising Out of PS. Case No.-913 Year-2016 Thana- SAHARSA District- Saharsa ====================================================== Prashant Kumar Sinha Son of Late Kamal Kant Karan Resident of New Colony, Jaihatta, Sarvodya Nagar, Daltanganj, P.S.- Daltanganj, DistrictPalamu, Jharkhand ... Petitioner

Versus

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

For the Petitioner :

Mr.P.K.Shahi, Senior Advocate and Mr. Satyam Shivam Sundaram, Advocate For the Opposite Party :

Mr.Uday Pratap Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner as well learned counsel for the State.

Petitioner is an accused in a case registered for the offence punishable under sections 420, 467, 468, 471, 406, 120B/34 of the Indian Penal Code on the allegation that he and other accused persons opened a branch in Saharsa in the name of DJN, Commodities Group of Company and duped the informant on the allurement of giving more interest on the amount deposited by him.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as the informant has been cheated by third man with whom he has no concern. Further, allegation is vague and not specific and the petitioner is in custody since 22.11.2016, though other similarly situated co-accused namely Vishal Kumar Sinha has already been allowed regular bail by a bench of this Court vide order dated 5.4.2019, passed in Cr.Mis.No. 18762 of 2018. In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner,

Patna High Court CR. MISC. No.41902 of 2019(4) dt.22-10-2019 2/2 mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in Saharsa Sadr Police Station Case No. 913 of 2016 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T