Jai Shankar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84950 of 2019 Arising Out of PS. Case No.-389 Year-2019 Thana- GANDHIMAIDAN District- Patna ====================================================== Jai Shankar Sharma Son of Bhawani Shankar Sharma @ Bhawani Sharma Resident of Daldali Road, P.S.- Kadam Kuan, Dist.- Patna ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2019 Heard learned counsel for the parties.

Petitioner seek bail in a case registered for the offence punishable under Sections 406, 420 and 34 of the Indian Penal Code and Section 66(E) of the I.T. Act.

Informant in his written complaint made to the Chief Manager dated 23.08.2019 has alleged that he has been cheated by one Mr. Sunil Verma having a particular mobile number who informed him that he has won prize and thereafter at his instance he deposited amounts as asked by him and petitioner continued to deposit the amount but subsequently he realised that he has been cheated and on basis of written complaint, an F.I.R. was lodged by the Branch Manager of State Bank of India, Patna Main Branch dated 09.09.2019 in which he has alleged that a suspicious account has been opened in the name

Patna High Court CR. MISC. No.84950 of 2019(2) dt.20-12-2019 2/3 of Prithvi Raj and transaction in said accounts is dubious and allegation against petitioner is that said Prithvi Raj was accompanied by petitioner and as such he has been implicated in this case.

It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case and he is neither introducer nor he has recommended said Prithvi Raj for opening of the account in said bank. He has been made accused on the basis of suspicion only and there is no any incriminating material against him. Petitioner has no criminal antecedent and he is in custody since 09.09.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Gandhi Maidan P.S. Case No. 389 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate 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 his

Patna High Court CR. MISC. No.84950 of 2019(2) dt.20-12-2019 3/3 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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

(S. Kumar, J) mdrashid/- U T