Jitendra Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55864 of 2015 Arising Out of PS.Case No. -187 Year- 2015 Thana -BANIAPUR District- SARAN ======================================================

1. Jitendra Kumar Prasad, Son of Ram Ekkbal Prasad, Resident of VillageHarpur Bazar, Police Station Baniyapur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghwendra Kumar For the Opposite Party/s : Mr. Nirmal Kumar Sinha (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 406/420/467/468 of the Indian Penal Code.

Learned counsel for the petitioner submits that altogether mischievous allegation has been made against the petitioner by the informant. It is submitted that the informant who was an employee of the Company, namely, Ramel Ind. Limited and which had been operated in non-banking sector has come forth to file the present case making allegation that a total of Rs, 5,19,950/- was taken by the petitioner from certain investors whom the informant

Patna High Court Cr.Misc. No.55864 of 2015 (4) dt.02-03-2016 P2/3 had brought to the petitioner. It is submitted that in stead of paying back the matured amount, the petitioner took the money from the informant which he had collected from the depositors, invested it in purchase of land and deposited it in gold and silver business. Learend counsel appearing for the informant has brought on record in his counter affidavit as so-called pass-book which appears to be a mere note-book on which it is alleged that the petitioner has signed while accepting the money which the informant had brought from certain depositors.

Learned counsel for the petitioner however, counters the said argument and denies the acceptance of any pass-book and submits that the said pass-book is nothing but a note-book and the signature thereon is not the signature of the petitioner. Considering the submissions advance by the parties and that the matter is such which requires verification and admittedly the petitioner had employed the informant as a staff who was also raising grievance regarding non-payment of salary, the scope of false implication cannot be ruled out.

In view of the abovementioned facts and circumstances, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on

Patna High Court Cr.Misc. No.55864 of 2015 (4) dt.02-03-2016 P3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Baniyapur P.S. Case No. 187/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T