Prabhakar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55680 of 2019 Arising Out of PS. Case No.-127 Year-2016 Thana- SUPAUL District- Supaul ====================================================== 1.

PRABHAKAR PRASAD S/o Satyanarayan Prasad Yadav R/o villageBelokhara, P.S.- Pipra, District- Supaul 2.

Dashrath Prasad Sah S/o Baleshwar Sah R/o village- Basaha, Dhatta Tola, Ward No. 10, P.S.- Pipra, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Nath Yadav For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2019 This application, for grant of anticipatory bail, arises out of Supaul P.S. Case No. 127/2016, disclosing offences under Sections 406, 420 and 120B of the Indian Penal Code.

Prosecution case as per complaint petition on the basis of which, F.I.R. has been instituted is that the petitioners, who are agents of Prayag Infotech Hi-Rise Company Limited, Supaul Branch have persuaded the complainant and others to deposit the money in the said company to get the good returns but, thereafter, the company after collecting crores of rupees fled away and the money of complainant and several others were not returned. Submission of learned counsel for the petitioners is that they are only the agents of the said company and the petitioners have also deposited their money and the money of other in the said

Patna High Court CR. MISC. No.55680 of 2019(2) dt.04-09-2019 2/2 company and the petitioners have also filed a case against the company, which is pending in the court of Civil Judge Junior Division at Kolkata, and there is no direction by the Court to return the amount. Further submission is that the petitioners have no criminal antecedent and are ready to abide by any condition imposed on them.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Supaul P.S. Case No. 127/2016 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is further subject to the condition that they will cooperate in investigation of the case and will appear as and when required by the police.

(Vinod Kumar Sinha, J) sunilkumar/- U T