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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32321 of 2025 Arising Out of PS. Case No.-517 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Subham Sharma Son of Krishnakant Sharma Village- Housing Board colony, Ps- Kadra, Dist- Hajaribag (Jharkhand) ... ... Petitioner/s Versus
1. The State of Bihar
2. Astam Kumar son of Rabindra Prasad Village- Purbi Daniyama Mission compound, Ps- Chapra town, Dist- Saran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Md. Ataur Rahman, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 30-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Chapra Mufasil P.S. Case No. 517 of 2024 instituted for the offences under Sections 406, 420, 467, 468, 471/34 of the Indian Penal Code.
3. Prosecution case, in short, is that the informant rented a shop in Saran and was approached by three individuals, including the petitioner who claimed to represent ‘Silverline’, a company dealing in e-rickshaws and scooters. They offered him a distributorship, promising high profits and government subsidies and convinced him to transfer Rs. 10,000/- to their account in February 2022. Despite assurances of delivery after
Patna High Court CR. MISC. No.32321 of 2025(3) dt.30-06-2025 2/3 Holi, the promised vehicles never arrived and the accused repeatedly cited technical delays. The informant faced financial losses as the accused neither refunded his money nor supplied the goods. It is also alleged that they have defrauded many across India, amassing crores through similar schemes.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner is only the representative of the company and except that he had no role in the company. Learned counsel further submitted that from the version of the FIR, it is evident that the alleged amount was transferred in the account of the company. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.08.2024 and has five criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 20.03.2025 passed in Cr. Misc. No. 85139 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.32321 of 2025(3) dt.30-06-2025 3/3 of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chapra Mufasil P.S. Case No. 517 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
Alok Verma/- (Rudra Prakash Mishra, J) U T