Dismissed

Vijayendra Prakash @ Vijondra @ Vijendu Prakash v. The State Of Bihar

Patna HC2 Jul 2014CR. MISC./10853/2014

Case brief

AI extract

What is this about?

In this bail application, the High Court of Patna dismissed the petitioner's plea for release. The court rejected arguments regarding the informant's conduct and the quantum of cheque involvement, holding that the petitioner's broader history makes them undeserving of sympathy.

What did the court decide?

Application for enlargement on bail is dismissed; petitioner remains in custody.

Vijayendra Prakash @ Vijondra @ Vijendu Prakash Vs The… — Cheating and Forgery | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No. 10853 of 2014

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Arising Out of PS.Case No. -131 Year- 2013 Thana -BHELDI District- SARAN ====================================================== Vijayendra Prakash @ Vijondra @ Vijendu Prakash S/O Ardhendu Prasad Srivastava Resident of Bichala Telpa, Chapra, P.S.- Chapra (T), DistrictSaran. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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4. 02-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in Bheldi P.S. Case No. 131 of 2013 dated 26.07.2013 instituted for offence punishable under sections 406/420/467/471/120B/34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that as per the allegation in the F.I.R., an employee of the petitioner’s company is said to have made the informant pay Rs. 4,00,000/-. Learned counsel submits that the conduct of the informant himself is not clean inasmuch as he wanted a favour, which was not legal, by paying money. Learned counsel further submits that the petitioner is only liable to pay Rs. 1,00,000/- with regard to the two cheques of Rs. 50,000/- each which were not honoured by the Bank. Learned counsel submits that the petitioner is in custody

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Patna High Court Cr.Misc. No.10853 of 2014 (4) dt.02-07-2014

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2/2

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since 21.10.2013.

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Learned A.P.P. for the State, upon going through the case diary, submits that the petitioner readily agreed to pay Rs. 1,00,000/- without taking action against the said employee, clearly indicates that it was at the behest of the petitioner, who was the owner of the company, that money was collected by giving false promises and cheques to the investors. It is also submitted that the petitioner having returned Rs. 1,00,000/- through cheques and the same not being honoured by the bank, also proves the fact that the petitioner with dishonest intention, in order to cheat the informant, had issued cheques which were not honoured. Learned counsel also draws the attention of this Court to the fact that against the petitioner there are four other cases of the year 2012 and 2013 of similar nature and thus it is contended that the petitioner is deeply involved in this illegal racket and does not deserve sympathy.

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Considering the facts and circumstances of the case and submissions of learned counsels for the parties, this Court is not inclined to enlarge the petitioner on bail. The application stands dismissed.

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(Ahsanuddin Amanullah, J.)

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Anand Kr.

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Vijayendra Prakash @ Vijondra @ Vijendu Prakash v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Vijayendra Prakash @ Vijondra @ Vijendu Prakash v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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