Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.468 of 2018 Arising Out of PS.Case No. -142 Year- 2016 Thana -NARHAT District- NAWADA ====================================================== Rajesh Kumar, Son of Gauri Singh, Resident of Village- Gajara Chatar, Police Station- Narhat in the district of Nawada. .... .... Appellant
Versus
The State of Bihar.
.... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Navin Sharma, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge, Nawada in connection with Special (H) Case No.179 of 2017 arising out of Narhat P.S.Case No.142 of 2016 registered under Sections 341,323,504,506,409,467,420/34 of the Indian Penal Code and Sections 3(i)(iii)/3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant was agent of ICICI Prudential.
The informant had deposited money with ICICI. However, allegation is that the receipts granted by the appellant were not genuine.
Patna High Court CR. APP (SJ) No.468 of 2018 (2) dt.17-02-2018 Submission of the learned counsel for the appellant is that it is yet to be established regarding genuineness of the receipt. The receipt has been issued by the authorized person of ICICI Prudential. The appellant is in custody since 16.01.2018.
Learned counsel for the informant opposed the prayer for bail on the ground that very serious allegation is there against the appellant to have supplied forged receipt which discloses the criminal intent of the appellant. Considering the fact that the forgery is yet to be established, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, the appeal stands allowed.
(Birendra Kumar, J) Nitesh/- U T