Surya Narayan Mohanty v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4185 of 2022 Arising Out of PS. Case No.-299 Year-2018 Thana- DALSINGHSARAI District- Samastipur ====================================================== Surya Narayan Mohanty S/O Swadhin Kumar Mohanty Resident Of Palashahi, P.S.- Dhusuri, District- Bhadrak, Odissa, And Managing Director Of Capricious Food Products Pvt. Ltd.

... ... Petitioner/s

Versus

The state of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Anil Kumar Mr. Lakshmndra Kr. Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard learned counsel for the parties.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 409, 419, 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that all the allegations are concerned with the co-accused Kameshwar Chaudhary who has been granted anticipatory bail by the learned court below itself. He submits that the petitioner is the managing Director of Capricious Food Products at Khandagir, Bhubneshwar, Odisha. He submits that the petitioner's name does not appear in the FIR but I.O. of the

Patna High Court CR. MISC. No.4185 of 2022(5) dt.09-01-2023 2/3 case filed a requisition against him. He submits that there is business transaction between the parties and petitioner has deposited the said amount on the advice of co-accused Kameshwar Choudhary. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State and learned counsel for the opposite party no. 2 oppose the prayer for bail and submit that petitioner being director of the said company is also responsible for the said offence.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Dalsinghsarai P.S. Case No. 299 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T

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