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Patna High CourtCR. MISC./32963/2017bail granted

Shashi Shekhar v. The State Of Bihar

2017-08-03Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32963 of 2017 Arising Out of PS.Case No. -290 Year- 2016 Thana -AGAMKUAN District- PATNA ======================================================

1. Shashi Shekhar Son of Sri Birendra Prasad @ Birendra Kumar, Resident of Mohalla- Chainpura, Devi Asthan, Patna City, O.P. Begampur, P.S. Bypass, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudra Deo For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 The petitioner seeks regular bail in connection with Agamkuan P.S.Case No.290 of 2016, registered for offences punishable under Sections 419, 420, 408, 467, 468, 471 and 120(B) of the Indian Penal Code.

Prosecution story is that the informant is the General Manager of Company, deals with selling the vehicles and the petitioner is Accountant and allegation against him is that he in connivance with the customer used to get the vehicle financed from Financial Institutions and on receipt of the cheque from the said Financial Institutions, the customer used to cancel the purchase and, thereafter, the petitioner instead of informing the Company or the Financial Institutions used to issue the amount of cheque in favour of the petitioner, which was issued by the

Patna High Court Cr.Misc. No.32963 of 2017 (3) dt.03-08-2017 2/3 Financer.

It has been submitted on behalf of the petitioner that petitioner has nothing to do with the said allegation as he has been appointed on 14.4.2016, whereas the audit is with respect to the year, 2016 and further he is ready to co-operate in the investigation and trial. Petitioner has been in judicial custody since 13.6.2017.

Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for bail. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City, Patna in connection with Agamkuan P.S.Case No.290 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

Patna High Court Cr.Misc. No.32963 of 2017 (3) dt.03-08-2017 3/3 With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T