Sikandar Das vs The State Of Bihar
2021 Latest Caselaw 1817 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 34519 of 2020
         Arising Out of PS Case No.-419 Year-2019 Thana- GOPALPUR District- Bhagalpur
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Sikandar Das, aged about 61 years, Male, Son of Yogendra Das, Resident of Village - Bhim Das Tola, PS Gopalpur, Rangra (OP), District- Bhagalpur.

... ... Petitioner/s Versus

1. The State of Bihar

2. Karu Shah, Aged about 76 years, Male, Son of Jagdish Shah, Resident of Village - Bhim Das Tola, Tintanga PS - Rangra, District- Bhagalpur.

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

     For the Petitioner/s    :        Mr. Nachiketa Jha, Advocate
     For the State           :        Mr. Umanath Mishra, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 26-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Nachiketa Jha, learned counsel for the

petitioner and Mr. Umanath Mishra, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Gopalpur (Rangra) PS Case No. 419 of 2019 dated 16.12.2019,

instituted under Sections 420, 120B, 467, 468, 323 and 506 of the

Indian Penal Code.

Patna High Court CR. MISC. No.34519 of 2020 dt.26-03-2021

4. The allegation against the petitioner and another

person is that they had induced the informant to invest money in

their Bank and he had deposited Rs. 16,880/- on 15.06.2005 and

had also withdrawn Rs. 3,000/- on 15.08.2005 and it is alleged

that the accused had promised to double the money after two years

but when he went to get the money, he was asked to leave the

money for another two years but even after that the accused are

said to have made excuses and on 30.03.2019, when the informant

went to demand his money, they denied to give the money and

also threatened to kill him.

5. Learned counsel for the petitioner submitted that in

the complaint/FIR itself it is written that the petitioner also went

with co-accused Ram Prit Bhagat, who was the Manager of the

Bank. It was submitted that the petitioner has no concern with

such Bank and that the allegation is totally frivolous as it cannot

be believed that somebody whose money has been kept in the year

2005 would wait till 2019 to get it back. It was submitted that the

informant had taken Urad worth Rs. 81,000/- from the petitioner

and the payment was not being made for which the petitioner has

lodged Gopalpur (Rangra) PS Case No. 48 of 2008 on 03.03.2008.

Learned counsel submitted that the matter has finally been

compromised between the parties and the informant has also filed Patna High Court CR. MISC. No.34519 of 2020 dt.26-03-2021

the compromise in the Court below on 26.04.2019, copy of which

is Annexure-2 to the present application.

6. Learned APP submitted that as per the allegation, the

petitioner and the other accused had cheated the informant of his

money.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned ACJM, 3rd Naugachia, Bhagalpur in Gopalpur (Rangra) PS

Case No. 419 of 2019, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioner and (ii) that the petitioner shall co-operate with the

Court. Failure to do so shall lead to cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

Patna High Court CR. MISC. No.34519 of 2020 dt.26-03-2021

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T