Patna High CourtCR. MISC./57540/2017bail granted

Shishir Kumar Srivastava @ Bittu @ Shishi Srivastava v. The State Of Bihar

2017-12-12Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57540 of 2017 Arising Out of PS.Case No. -193 Year- 2017 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ====================================================== Shishir Kumar Srivastava @ Bittu @ Shishi Srivastava S/o Sudhakar Srivastava, R/o Ward No.7 near Bus Stand Tamkuri Road Kushinagar, P.S.- Kushinagar, District- Kushi Nagar (U.P.).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Ganesh Sharma For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-12-2017 Heard learned Counsel for the petitioner and the State. Petitioner is in custody in connection with Laheri PS Case No. 193 of 2017 registered under Sections 420, 406, and 120B of the IPC.

The allegation is that the informant booked a bunglow with Avani Enggcom Developers Private Limited and paid in advance Rs. 6,35,000/- but now they have closed the company, neither constructed the house nor returned back the amount. Learned Counsel for the petitioner submits that the FIR itself reveals that one Rahul Raj was the Project Manager of the concerned project and he had received the money from the informant and given acknowledgement receipt. The petitioner

Patna High Court Cr.Misc. No.57540 of 2017 (2) dt.12-12-2017 was an employee in the said construction company and in another case of similar allegation by another buyer the petitioner has been granted bail by a coordinate Bench of this |Court.

Having considered the said facts and circumstances, the petitioner, namely, Shishir Kumar Srivastava @ Bittu @ Shishir Srivastava, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-1 Nalanda at Biharsharif in connection with Laheri PS Case No. 193 of 2017. On of the condition for bail shall be that one of the bailors must be his own family member and the petitioner shall be present on each date before the court below and in case of absence on two successive dates, except due to illness, his bail bonds shall be liable to be cancelled.

(Arun Kumar, J.) Snkumar/- U T