Prakash Kumar Srivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48973 of 2018 Arising Out of PS.Case No. -730 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ======================================================
1. Prakash Kumar Srivastava Son of Late Chandra Shekhar Srivastava, resident of Mohalla- Sherpur Road Mithanpura Lala, P.S.- Bela, DistrictMuzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-09-2018 The petitioner is apprehending his arrest in connection with Ahiyapur P.S. Case No. 730 of 2015, registered for offences punishable under Sections 406, 419, 420, 467, 468, 471, 341, 323, 504 and 120(B) of the Indian Penal Code.
Allegation as per F.I.R. is that one Alok Kumar Srivastava under the garb of the proprietorship of Maahalaya Companay has induced several persons to invest money in Maahalaya Company and has collected crores of rupees and thereafter fled away and the petitioner is said to be an employee of the said company.
Submission of learned counsel for the petitioner is that except the petitioner is an employee of the said company, there is no allegation that he got the money deposited in his account or
Patna High Court Cr.Misc. No.48973 of 2018 (3) dt.10-09-2018 2/3 induced anyone to deposit in the account of the company and further submission is that one Mamta Srivastawa has been granted privilege of anticipatory bail by this Court vide order dated 25.06.2018 passed in Cr. Misc. No.24002 of 2018. Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd, East, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 730 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (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 shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before
Patna High Court Cr.Misc. No.48973 of 2018 (3) dt.10-09-2018 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T