Bipin Bihari Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.12235 of 2016 (5) dt.03-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12235 of 2016 Arising Out of PS.Case No. -165 Year- 2014 Thana -DELHA District- GAYA ======================================================

1. Bipin Bihari Prasad S/o late Kauleshwar Prasad resident of Loco Colony, Railway Quarter no. 303/D, P.S. - Delha, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Delha P.S. Case No. 165 of 2014 registered for the offence punishable under Sections 419, 420, 465, 466, 468, 471 and 120(B) of the Indian Penal Code.

Allegedly, the petitioner cheated the informant and others and took amount for providing job and thereafter started evading the matter and did not return the amount. Submission is of false implication and that the petitioner has been made victim of the circumstances, he has got no concern either with the informant or with anyone, he has not taken any amount and further as alleged no offence is made out

Patna High Court Cr.Misc. No.12235 of 2016 (5) dt.03-05-2016 against the petitioner, giving of bribe is also an offence and the petitioner is suffering in custody since 14.11.2014 and as such he deserves sympathetic consideration to which the learned A.P.P opposes.

In the facts and circumstances stated above, considering that the charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Delha P.S. Case No.165 of 2014, subject to conditions that one of the bailors must be 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.) Amit/- U T