In bail applications under IPC sections for alleged fraud, the Patna High Court refused bail due to the nature of accusations. The trial was directed to conclude within nine months.
Bail application rejected; trial directed to conclude within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5943 of 2019
Arising Out of PS. Case No.-341 Year-2018 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
SOHAN KUMAR SHARMA Bhuneshwar Sharma Resident of Village-Tiwari Matihaniya, P.S.- Kuchaikota, District - Gopalganj at present Sipaya, P.S.Bishambharpur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajendra Nath Sinha For the Opposite Party/s : Mr.Uday Chand Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 14-05-2019 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 406, 420, 467, 468, 471/120(B) of the Indian Penal Code.
The prosecution case in short is that the accused persons fraudulently transferred a sum of Rs. 20,36,353/- to his saving bank account and thereafter transferred it to the account of different persons.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.7.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been
Patna High Court CR. MISC. No.5943 of 2019(4) dt.14-05-2019 2/2
submitted in the present case. The petitioner has falsely been implicated in the present case. There is no substantive evidence to suggest his implication in the present case.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. By way of fraud, Rs. 20 lacs and odd amount was transferred to the account of this petitioner and thereafter those amount has been transferred to the account of different persons which has caused wrongful loss to the Bank.
Considering the nature of accusation, I am not inclined to grant bail to the petitioner in connection with Gopalganj Town P.S. Case No. 341/18. The same is rejected. The Trial Court is directed to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences under Sections 406, 420, 467, 468, 471 read with 120(B) IPC.
1 provisions across 1 enactments
Sohan Kumar Sharma
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
