Prashant Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50057 of 2019 Arising Out of PS. Case No.-150 Year-2017 Thana- ARA NAGAR District- Bhojpur ====================================================== Prashant Kumar Sinha Son of Late Kamal Kant Karan Resident of New Colony, Jailhatta, Sarvodya Nagar, Daltanganj, P.S.- Daltanganj, DistrictPalamu, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyam Shivam Sundaram, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Ara Nagar P.S. Case No. 150 of 2017, registered for the offences punishable under Sections 406, 420, 120(B) and 34 of the Indian Penal Code. The informant/complainant alleged that petitioner being Director of DJN, Commodities along with others had persuaded him to deposit money in the said company on the pretext that the aforesaid company will give 4 to 10% interest per month. It is further alleged that informant deposited amount of Rs. 8,82,305/- in the account of said company through cheques, but the petitioner along with other co-accused have closed the said company and fled away with all deposits. It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. One of the co-accused who happens to be Proprietor of the

Patna High Court CR. MISC. No.50057 of 2019(4) dt.06-11-2019 2/2 said company has already been enlarged on bail by a Coordinate Bench of this court vide order dated 08.02.2019 passed in Cr. Misc. No. 7474 of 2019. Petitioner is in custody since 22.07.2016.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged 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 learned Chief Judicial Magistrate, Ara, Bhojpur in connection with Ara Nagar P.S. Case No. 150 of 2017, subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T