Navin Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13246 of 2016 Arising Out of PS.Case No. -187 Year- 2015 Thana -BIHPUR District- BHAGALPUR ====================================================== Navin Kumar Jha, Son of Late Raghunath Chandra Jha, resident of VillageMadhurapur, P.S.- Bihpur (Bhawanipur), District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar, Advocate. For the Opposite Party/s : Mr. Madhuranand Jha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Bihpur P.S. Case No. 187 of 2015, G. R. No. 678 of 2015 registered for the offences punishable under Sections 420, 406, 467 and 468 of the Indian Penal Code and Section 76 of the Chit Fund Act. Allegedly the petitioner cheated the complainant informant amount of Rs. 1,15,000/- which was being deposited by the informant time to time in Paras Bank Mani Private Limited at the instigation of Nilam Devi, the wife of the petitioner and on demand the petitioner executed a document on 19.05.2014 that he will pay the said amount.

Submission is of false implication and that the petitioner has not received any amount from the informant. The

Patna High Court Cr.Misc. No.13246 of 2016 (3) dt.18-05-2016 2/2 signature on the document dated 19.05.2014 is not of the petitioner and it is forged one. The signature of the witnesses is also forged one and without any fault the petitioner having no criminal antecedent is suffering in custody since 17.12.2015. The learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the detention of the petitioner and further charge sheet has already been submitted and there is no chance of tampering with 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 the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with Bihpur P.S. Case No. 187 of 2015, G. R. No. 678 of 2015, subject to the conditions that one of the bailors must 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.) Mishra/- U T