Birendra Kumar @ Birendra Kazi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 20612 of 2015 Arising Out of PS.Case No. -551 Year- 2013 Thana -CIVIL LINE District- GAYA ====================================================== Birendra Kumar @ Birendra Kazi son of Bhup Narayan Kazi resident of village - Bairiya Khurd, P.S. Laukariya, District West Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Opposite Party/s : Mr. Ram Sumiran Rai(App) Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

09-10-2015 Heard Sri Bindeshwar Prasad Singh, learned counsel for the petitioner, Sri Ram Sumiran Rai, learned Addl. Public Prosecutor as well as Sri Ashok Kumar Singh, learned counsel, who has voluntarily appeared on behalf of informant. The petitioner, who is in custody in Gaya Civil Lines P.S. Case No. 551 of 2013 registered for the offence under Sections 406, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code, has prayed for grant of bail.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He submits that the said company was being run by the Chairman namely Satyadeo Prasad Gupta. He further submits that though

Patna High Court Cr.Misc. No.20612 of 2015 (3) dt.09-10-2015 2/3 the petitioner has been named in the F.I.R., there is no specific accusation against him.

In this case, earlier case dairy was called for. On perusal of the F.I.R., it is evident that it was a case of cheating not only of the informant, but number of innocent poor persons have been cheated.

Learned counsel, who has voluntarily appeared on behalf of informant submits that in this case, debenture was issued under the signature of petitioner himself. He further submits that it is not an isolated case. In similar manner, the petitioner and other F.I.R. named accused persons have cheated number of innocent poor citizen, for which, number of F.I.Rs. have been lodged in Bihar, Jharkhand, Delhi etc. He further submits that in the present case, after submission of charge-sheet, charges have already been framed.

Keeping in view the fact that trial has already commenced, there is no reason to extend the privilege of bail to the petitioner.

The petition stands dismissed.

Keeping in view the fact that the petitioner is in custody, learned court below is required to take steps for

Patna High Court Cr.Misc. No.20612 of 2015 (3) dt.09-10-2015 3/3 expeditious steps so that the trial may come to its logical end without unnecessary delay.

(Rakesh Kumar, J.) Anay U T