Patna High Court - Orders
Amritesh Prabhakar vs The State Of Bihar on 5 August, 2014
Author: Aditya Kumar Trivedi
Bench: Aditya Kumar Trivedi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35652 of 2013
Arising Out of PS.Case No. -193 Year- 2012 Thana -BHAGWAN BAZAR District- SARAN
======================================================
Amritesh Prabhakar, S/O Shri Shiv Mohan Singh R/O Village
Dharampur, P.S. Doriganj, District Saran At Chapra (Bihar).
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.39416 of 2013
Arising Out of PS.Case No. -193 Year- 2012 Thana -BHAGWAN BAZAR District- SARAN
======================================================
Sanjay Singh, S/O Late Bali Ram Singh Resident Of Village Rasalpura,
Dharampura, P.S. Doriganj, District Saran.
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
(In Cr.Misc. No.35652 of 2013)
For the Petitioner/s : Mr. Bibuti Nr.Pd. Pandey, Sr. Adv.
Mr. Pravin Kr. Sinha, Adv.
For the Opposite Party/s : Mr. Harendra Prasad, APP
(In Cr.Misc. No.39416 of 2013)
For the Petitioner/s : Mrs. Kumari Jyoti, Adv.
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
CAV ORDER
9 05-08-2014Cr. Misc. No. 35652 of 2013 wherein Amritesh Prabhakar happens to be petitioner as well as Cr. Misc. No. 39416 of 2013 wherein Sanjay Singh happens to be the petitioner commonly originate from Bhagwan Bazar P.S. Case No. 193 of 2012 and on account thereof, have been heard together and are Patna High Court Cr.Misc. No.35652 of 2013 (9) dt.05-08-2014 2 being disposed of by a common order.
2. Heard learned counsel for the petitioners as well as learned APP for the State.
3. Amrendra Kumar Mishra, the District Programme Officer, Project and Accounts, Saran filed a written report disclosing therein that petitioners along with others by posing their signatures have withdrawn 54,55,800/- by procuring cheques through illegal means. Along with written report details of withdrawal issued by bank has also been annexed.
4. It has been submitted on behalf of petitioners that they have been made scapegoats at the end of Amrendra Kumar Mishra, the informant himself by getting instant case instituted against the petitioners and others to meet with his complicity during course of defalcation and for that informant is being prosecuted in Bhagwan Bazar P.S. Case No. 195/2012 as well as Bhagwan Bazar P.S. Case No. 210/2012.
5. It has also been submitted on behalf of the petitioner, Amritesh Prabhakar that he being unemployed was exploited and for that petitioner had filed Complaint Case No. 746/2013 against informant of this case along with others. After perusal of the contents thereof, it is evident that petitioner has fallen victim of circumstance. As such, he be released on bail.
Patna High Court Cr.Misc. No.35652 of 2013 (9) dt.05-08-2014 3
6. On behalf of petitioner, Sanjay Singh, it has been submitted that, anyhow, he indulged under deceitful perception. However, only one deposit is found against the petitioner of Rs.4,55,700/- which the petitioner is ready to deposit, in case, the aforesaid deposit is not found adverse to his interest during trial.
7. On the other hand, learned APP opposed the prayer for bail and submitted that during course of investigation bank officials have been examined who have detailed the manner of transaction. It has also been submitted that informant might have been made an accused in Bhagwan Bazar P.S. Case No. 195/2012 but the fact remains that the relevant cheques were deposited in the account of petitioner, Amritesh Prabhakar which flared up to Rs. 43,60,500/- and for that, he has got no explanation. Even, from the narration of the complaint petition (Annexure-2) filed on behalf of petitioner, he has admitted the aforesaid deposit. It has also been submitted that on account of undertaking given by co- accused Sanjay Singh, in whose account only one cheque appertaining to Rs. 4,55,700/- was deposited, is ready to deposit the amount, hence he may be granted provisional bail till saturation of the aforesaid amount.
8. In the aforesaid facts and circumstances of the case, I do not see it a fit case for grant of bail of the petitioner, Amritesh Patna High Court Cr.Misc. No.35652 of 2013 (9) dt.05-08-2014 4 Prabhakar. Consequent thereupon, his prayer for bail is rejected.
9. So far as petitioner Sanjay Singh is concerned, he is allowed provisional bail for six months and is directed to be released on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 193/2012 but to secure further presence of petitioner, one of the bailors should be a Government servant whose authenticity the learned trial court will ascertain before acceptance of bail bonds.
10. It is further ordered that before tendering bail bond, petitioner will deposit Rs. 1,00000/- (One Lac) and the remaining amount of Rs. 3,55,700/- will be deposited within the span of six months. In case, the rest amount is not deposited within the aforesaid period of six months, then in that event, the privilege will cease to effect followed with remand to judicial custody. It is further directed that in case of deposit of total amount of Rs. 4, 55, 700/- the same will not be considered as an admission on the part of the petitioner during course of trial.
(Aditya Kumar Trivedi, J)
perwez
U T