Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 71942 of 2019 Arising Out of PS. Case No.-252 Year-2015 Thana- MADHEPURA District- Madhepura ====================================================== Prabhat Kumar aged about 50 years, Male, Son of Late Indrabhushan Verma Resident of Village-Mahuli, Police Station-Gamharia, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

31-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Madhepura P.S. Case No. 252 of 2015 registered for the offence under Sections 420, 409, 406, 467, 468 & 120B of the Indian Penal Code. As per the F.I.R., petitioner, in collusion with main accused Rameshwar Abhishek @ Ramesh Abhishek @ Israil and others, fraudulently opened National Child Labour Project Schools in several Blocks of Madhepura only on paper and extorted Rs. 5,000/- to 10,000/- from several villagers in the name of providing jobs.

It is submitted on behalf of petitioner that petitioner has committed no offence and he has falsely been implicated in this case. It is further submitted that petitioner himself was cheated by co-accused Rameshwar Abhishek and on his false assurance, he had opened school, but when suspicion had arisen, he stopped running it. It has come in the inquiry report that

Patna High Court CR. MISC. No.71942 of 2019(3) dt.31-01-2020 2/2 petitioner had not taken money from any villager. It is further submitted that similarly situated co-accused Md. Shamshad was already granted bail by the court below itself. In this case, chargesheet has already been submitted and there is also no allegation against the petitioner of tampering with the evidence and petitioner is in custody since 07-08-2019, having no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura in connection with Madhepura P.S. Case No. 252 of 2015 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T