← Library
Patna High CourtCR. MISC./45094/2015bail granted

Satyadeo Prasad @ Satyadeo Prasad Gupta v. The State Of Bihar

2016-01-19Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45094 of 2015 Arising Out of PS.Case No. -551 Year- 2013 Thana -CIVIL LINE District- GAYA ====================================================== Satyadeo Prasad @ Satyadeo Prasad Gupta, son of Late Hazari Sah, resident of Village Kesaria, P.S.- Kesaria, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Bhavesh Kumar, Advocate For the Opposite Party : Mr. Shyam Kr.Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Gaya Civil Lines P.S. Case No.551 of 2013 for allegedly having committed the offence under Sections 406, 420, 467, 468, 471 and 120B/34 of the Indian Penal Code.

Case diary in the present case was called for, which has since been received.

Learned counsel for the petitioner submits that the allegation against the petitioner is that he being the Chairman of the Real Bond Marketing Ltd. and Real Land Developers Pvt. Ltd. defrauded several investors in investing in the

Patna High Court Cr.Misc. No.45094 of 2015 (3) dt.19-01-2016 2 / 3 Company. Later on, Office of the Company was closed down at Gaya and money was not refunded to the investors. Learned counsel for the petitioner submits that though the sons of the petitioner are the Directors of the aforementioned Companies, the petitioner has no role to play nor he is the Chairman of the Companies.Learned counsel further submits that three different cases were lodged at different places; one such case having been lodged at Delhi, in which the court, after considering all aspects of the matter, has been pleased to extend the privilege of anticipatory bail in favour of the petitioner. He further submits that the petitioner is an old man of 73 years of age and has several ailments.

Considering the aforementioned facts and circumstances and that there being no cogent materials in the case diary so as to indicate the specific role of this petitioner in the alleged occurrence of defalcation, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with

Patna High Court Cr.Misc. No.45094 of 2015 (3) dt.19-01-2016 3 / 3 Gaya Civil Lines P.S. Case No.551 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T