Shiv Nath Mahto @ Shiv Nath Purvey @ Shiba Nath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29282 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -JHANJHARPUR District- MADHUBANI ======================================================

1. Shiv Nath Mahto @ Shiv Nath Purvey @ Shiba Nath Mahto Son of Ashok Mahto @ Ashok Purvey Resident of Village- Tulapatganj(Sangram), Police Station- Jhanjharpur (Araria Sangram), District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks regular bail in connection with Jhanjarpur (Araria Sangram) PS case no. 106 of 2016 registered for the offences punishable under Sections 406, 420, 467, 468, 323, 504, 506, 120B of Indian Penal Code.

The complainant had filed a complaint case bearing C.R. no. 101/2016 before the learned court of Addl. Chief Judicial Magistrate, inter alia, stating therein that the petitioner is the agent of a company namely Remec Reality India Ltd. which is said to be a finance company. It is further alleged that the petitioner was lured into investing money in the said company and upon maturity, the said company is said to have fled away without re-paying the maturity amount and the petitioner was not refunded his money promised to be given upon maturity. The said

Patna High Court Cr.Misc. No.29282 of 2017 (2) dt.01-07-2017 2/2 complaint case appears to have been converted into the present FIR.

Learned counsel for the petitioner submits that the petitioner is merely an employee of the said company and he is not vicariously liable for the activities of the company. It is further submitted that the petitioner is innocent, has got no criminal antecedent and is in custody since 22.03.2017. Having regard to the facts and circumstances of the case, I deem it fit and appropriate to enlarge the petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Jhanjharpur (Araria Sangram) PS case no. 106 of 2016. It is further directed that petitioner shall appear before the concerned police station on every Monday of each month and submit his attendance and in default thereof, the aforesaid privilege of regular bail extended to the petitioner would stand cancelled forthwith.

(Mohit Kumar Shah, J.) rinkee/- U T