Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23551 of 2017 Arising Out of PS.Case No. -124 Year- 2017 Thana -SITAMARHI District- SITAMARHI ======================================================
1. Rajan Kumar, S/o Madhusudan Singh, a resident of Village- Majhbalia, P.S.- Baniapur, District- Chhapra.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nitesh Kumar For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-05-2017 Heard the parties.
The petitioner seeks regular bail in connection with Sitamarhi (Mehasaul O.P.) P.S.Case No.124 of 2017 registered for offences punishable under Sections 406, 420, 467, 468, 471/34 of the Indian Penal Code. And Sections 3, 4, & 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 and under Section 7(2) of Bihar Protection of Interest of Depositors (in Financial Establishment) Act, 2002.
Allegation as per F.I.R. against the petitioner is that Samridh Jeevan Co-operative Ltd. was accepting deposit from the customers on various schemes on the pretext that he will give interest them and further they have not valid licence issued by the R.B.I. or any proper authority for collecting the deposit. Further
Patna High Court Cr.Misc. No.23551 of 2017 (2) dt.18-05-2017 2/3 allegation is that when the police raided, this petitioner along with the other accused persons was arrested, however, the petitioner is only an employee as Computer Operator and he has nothing to do with the administration of the aforesaid Company and he has remained in custody for about three months. It is also been submitted that the other co-accused persons, having similar allegation, have already been granted bail by this Court, vide order dated 17.05.2017 passed in Cr. Misc. No.20959 of 2017 and order dated 4.5.2017 passed in 19723 of 2017 and the case of the petitioner is similar to that of them Heard learned A.P.P. also.
Having heard both sides and in view of the fact that he is only employee of the Company and the other accused persons, having similar allegation, have already been granted bail by this Court, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Sitamarhi in connection with Sitamarhi P.S.Case No.124 of 2017.
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
Patna High Court Cr.Misc. No.23551 of 2017 (2) dt.18-05-2017 3/3 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 reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U