Patna High Court – Orders
Jai Kishore @ Jai Sharma vs The State Of Bihar on 20 May, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26022 of 2025
Arising Out of PS. Case No.-354 Year-2024 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Jai Kishore @ Jai Sharma S/o- Prabhunath Sharma Resident of House no- 416
near Antu Chowk New Area Saral Tand Morabadi PS- Bariatu District-
Ranchi Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 28104 of 2025
Arising Out of PS. Case No.-354 Year-2024 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Makrand Kumar Pawan @ Pawan Markandey S/o- Uma Kant Singh Resident
of Deep Bhawan Krishngarh PS- Sultanganj District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 28166 of 2025
Arising Out of PS. Case No.-354 Year-2024 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Hemant Kumar @ Hemant Kashyap S/o- Satya Narayan Prasad Resident of
House no- A/4 Baij Nath Bhawan Shree Ram Path Punaichak LBS Nagar, PS-
Shastri Nagar District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 26022 of 2025)
For the Petitioner/s : Mr. Siddharth Harsh, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
(In CRIMINAL MISCELLANEOUS No. 28104 of 2025)
For the Petitioner/s : Mr. Siddharth Harsh, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
(In CRIMINAL MISCELLANEOUS No. 28166 of 2025)
For the Petitioner/s : Mr. Siddharth Harsh, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-05-2025
Heard Mr. Siddharth Harsh, learned counsel for
the petitioners and Mr. Anil Kumar Singh No. 1 (Cr. Misc. No.
Patna High Court CR. MISC. No.26022 of 2025(2) dt.20-05-2025
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26022/2025), Mr. Umanath Mishra (Cr. Misc. No. 28104/2025)
and Mrs. Pushpa Sinha.1 (Cr. Misc. No. 28166/2025) learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with S.K. Puri P.S. Case No. 354 of 2024, F.I.R.
dated 01.12.2024 for the offences punishable under Sections
420, 406, 467, 468 and 471 of the Indian Penal Code.
3. According to prosecution case, the informant
entered into an agreement with Hinduja Leyland Finance Ltd. to
take 300 old vehicles in Rs. 2,15,00,000/-. The informant paid
all the money to the company but only received 193 such
vehicles and that too without documents and after few days the
company started seizing the vehicles and the NOC provided to
the informant were false and fabricated. It is further alleged that
the manager of the company threatened him when he demanded
his money back.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that although
the petitioners are named in the F.I.R but it appears from the
F.I.R that the informant has deposited the amount in question in
favour of the company i.e., Hinduja Leyland Finance Ltd. He
Patna High Court CR. MISC. No.26022 of 2025(2) dt.20-05-2025
3/4
further submits that the petitioners have made accused merely
on the ground that the petitioners were employees at the relevant
time and thereafter the petitioners have resigned from the
Hinduja Leyland Finance Ltd. and they have no concern at all
with the present occurrence. He further submits that it appears
from the documents which are annexed and which are part
parcel of the F.I.R that the informant has deposited the amount
in question in favour of the aforesaid company.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, they have not
received any amount from the informant and the informant has
deposited the said amount in favour of the aforesaid company,
let the petitioners, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Sub Divisional Judicial Magistrate, Patna in connection
with S.K. Puri P.S. Case No. 354 of 2024, subject to the
conditions as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.26022 of 2025(2) dt.20-05-2025
4/4
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
i. Petitioners 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
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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