Ratnesh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11754 of 2016 Arising Out of PS.Case No. -468 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Ratnesh Kumar Jha Son of Pankaj Kumar Jha resident of village - Chainpur Durga Sthan Kahara, P.S. - Bangaon, District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashwani Kumar Tiwary For the Opposite Party/s : Mr. Ahmad Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 406 and 420 of the I.P.C Allegedly, the petitioner working as the Senior Sales Executive in G.S. Motor Private Limited did not get the vehicles registered of the different customers though he realized the amount for the same and defalcated lacs of rupees and further due to his action the prestige of the firm was also defamed. However, the owner of the firm got registered the vehicles of the customers. Submission is of false implication and that the petitioner has filed Sanha No. 2144 of 2015 dated 08.09.2015 before the S.D.M, Saharsa against the informant and others, the

Patna High Court Cr.Misc. No.11754 of 2016 (5) dt.06-05-2016 2/3 petitioner has also filed Case No. 01 of 2016 in the court of the Labour Superintendent, Saharsa regarding his dues amount and due to that reason the informant has filed this false case, during investigation the Investigating Officer has not recorded the statement of those customers who allegedly paid the registration fee to the petitioner and without any legal and tangible material charge sheet has already been submitted against the petitioner resulting the petitioner is suffering in custody since 03.02.2015. The learned A.P.P. opposes prayer for bail by submitting that during investigation the allegations have been found true and then the charge sheet has been submitted. Today also the learned counsel for the informant has not appeared though on 05.05.

2016 due to non appearance of the learned counsel for the informant the matter was passed over. In the facts and circumstances as stated above, considering detention of the petitioner and further that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is directed to 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 C.J.M. Begusarai in Begusarai Nagar P.S. Case No.

Patna High Court Cr.Misc. No.11754 of 2016 (5) dt.06-05-2016 3/3 be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T