Patna High CourtCR. MISC./48208/2018bail granted

Dhiraj Prasad @ Dhiraj Kumar Prasad v. The State Of Bihar

2018-09-28Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48208 of 2018 Arising Out of PS. Case No.-60 Year-2011 Thana- JAMHOR District- Aurangabad ====================================================== Dhiraj Prasad @ Dhiraj Kumar Prasad Son of Ram Niwas Prasad Resident of Village - Kasmagarh, P.S. Gomia, District Bokaro (Jharkhand). ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 420, 406 and 120B of the Indian Penal Code. Petitioner is said to be the director of OCPL company and he along with other accused persons named in the F.I.R. are said to have defalcated Rs.1,75,000/- of its investors and did not provide them bond paper.

It is submitted by learned counsel for the petitioner that the petitioner does not happen to be the director of the said company rather a simple employee. He had not received any money either from the informant or from any investor. He is not liable to give any bond paper to investors. As a matter of fact, his six months salary has not been paid to him

Patna High Court Cr.Misc. No.48208 of 2018(3) dt.28-09-2018 2/2 by the company and he has left the company. Petitioner has no concern with the aforesaid occurrence. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Several similarly situated accused persons, namely, Haribansh Singh, Kumkum Mishra and Barun Kumar Singh have been enlarged on bail vide Cr. Misc. Nos. 22138/2015 dated 10.09.2015, 23133/12016 dated 12.08.2016 and 52618/2018 dated 14.11.2017 by different co-ordinate benches of this Court. The petitioner has been languishing in custody since 27.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Jamhore P.S. Case No. 60 of 2011.

(Prakash Chandra Jaiswal, J) mantreshwar/- U