Ram Das Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35613 of 2018 Arising Out of PS.Case No. -109 Year- 2017 Thana -KEOTI District- DARBHANGA ======================================================

1. Ram Das Sahu Son of Late Jiwachh Sahu Resident of Village Naraura, P.S. Keoti, District - Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Saroj Kumar For the State : Mr. Sri Arun Kumar Singh -5,A.P.P. For the Informant : Mr.Sanjeev Kumar Jha. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State assisted by the informant. The petitioner is in custody since 31.03.2018 in connection with Keoti P.S.Case No.109 of 2017 registered for the offences under Sections 420, 467, 468, 406/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner was an employee of the Company known as "Idal India Infrastructure Limited", Branch of which was opened at Khirma Bazar at Keoti, and the petitioner was managing the said office. The allegation against the petitioner is that he along with two others, namely, Vijay Chaupal and Pawan Chaudhary, had lured the innocent people of the locality to invest the money in the

Patna High Court Cr.Misc. No.35613 of 2018 (3) dt.16-08-2018 2/3 Company which initially gave some handsome return and after 2015 refused to give even maturity amount and thereafter in the month of June, 2016 the Branch was closed down. The petitioner came to know that the Branch Manager had fled away and had misappropriated and defrauded a huge amount to the tune of Rs.1,32,00000/- with the help of his colleagues and the informant and others had suffered on account of such act of the petitioner. Hence, the present prosecution has been lodged against the petitioner.

Learned counsel for the petitioner submits that entire money had been deposited in the Account of the Company and not of the petitioner. He further submits that the petitioner is himself a victim of such an illegal act of the Company and, therefore he may be extended the privilege of bail. He further submits that similarly situated co-accused, namely, Vijay Choupal @ Vijay Kumar Choupal has also since been extended the privilege of bail vide order dated 19.7.2018 passed in Cr.Misc. No.31370 of 2018. In view of the aforementioned fact that the petitioner was merely a functionary of the Company,let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-7th ,Darbhanga, in

Patna High Court Cr.Misc. No.35613 of 2018 (3) dt.16-08-2018 3/3 Keoti P.S. Case No.109 of 2017.

(Anjana Mishra, J) AnilKrSinha/- U