Omkar Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50403 of 2016 Arising Out of PS.Case No. -152 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ======================================================
1. Omkar Chauhan Son of Deonarayan Chauhan, Resident of VillageKhurmabad, P.S.- Mufsil, District- Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarendra Kumar For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner is apprehending his arrest in a case registered for offences punishable under Sections 120(B), 420 and 406 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that petitioner is an agent of Vibgyor Company and allegation against him that he convinced the informant to invest in the said company on the pretext of good returns. The petitioner, being only an agent cannot be held responsible for the said offence rather it is the company that can be held responsible, where the informant deposited his money.
Heard learned A.P.P. also
Patna High Court Cr.Misc. No.50403 of 2016 (3) dt.19-12-2016 2/2 Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Mufassil P.S. Case No. 152 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner will fully cooperate with the investigation and shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Vinod Kumar Sinha, J) sunil/- U T