Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5092 of 2023 Arising Out of PS. Case No.-868 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== RAJ KUMAR YADAV Son of Ishwar Dayal Yadav Resident of VillageMahuar, P.S.- Nainijor, District- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Susanta Kumar Jena S/O- Nirakar Jena Permanent Resident of Village/Mohalla- Kudra, P.S.- Nandipada., District- Kionjhar (Odisa). (Area Head, Patna-3) Manappuran Finance Limited Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar For the Opposite Party/s :

Mr. Raj Kishor Singh For the Bank :

Mr. Sourendra Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406, 420, 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he, in connivance with other co-accused persons caused loss of Rs.19,31,568/- to the Manupuram Finance Limited Company.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.5092 of 2023(7) dt.06-11-2023 2/2 omnibus in nature. He further submits that the petitioner has been made accused in the present case merely on the basis of suspicion. There is no specific overt act against him and he has no role regarding the deposit of gold and this fact is also supported by the learned counsel for the informant. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Gopalganj Town P.S. Case No.868 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T