Shashi Shekhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34276 of 2017 Arising Out of PS.Case No. -317 Year- 2016 Thana -AGAMKUAN District- PATNA ======================================================
1. Shashi Shekhar, Son of Sri Birendra Prasad @ Birendra Kumar, Resident of Mohalla Chainpura, Devi Asthan, Patna City, P.O. Begampur, P.S. Bypass, Dist.- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Opposite Party/s : Mr. Sri Umanath Mishra For the informant : Mr. Mayank Shekhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2017 The petitioner seeks regular bail in connection with Agamkuan P.S. Case No. 317 of 2016, registered for offences punishable under Sections 419, 420, 408, 467, 468, 471 and 120(B) of the Indian Penal Code.
Prosecution story is that informant is General Manager of compaly, deals in selling the vehicles and the petitioner is accountant and allegation against him is that he in connivance with the customer used to get the vehicle financed from financial institutions and on receipt of the cheque from the said financial institutions, the customer used to cancel the purchase and, thereafter, the petitioner instead of informing the company or the financial institutions used to issue the amount of cheque in favour
Patna High Court Cr.Misc. No.34276 of 2017 (2) dt.26-07-2017 2/3 of the petitioner, which was issued by the financer. It has been submitted on behalf of the petitioner that petitioner has nothing to do with the said allegation as he has been appointed on 14.04.2016, whereas, the audit is with respect to the year 2016 and further he is ready to cooperate in the investigation and trial. Petitioner has been in judicial custody since 13.06.2017. Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for bail. Having heard both sides, in view of the facts as stated above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned ACJM, Patna City, Patna in connection with Agamkuan P.S. Case No. 317 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available before the
Patna High Court Cr.Misc. No.34276 of 2017 (2) dt.26-07-2017 3/3 investigating agency and before the court as and when required and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T