Partha De @ Partho De v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14227 of 2024 Arising Out of PS. Case No.-8 Year-2014 Thana- KISHANGANJ District- Kishanganj ====================================================== PARTHA DE @ PARTHO DE S/o of Nirmalchandra De Resident of VillageH.A. 197, Near 13 No. Tank, Salt Lake City, Sector-III, Bidhannagar (M), North 24, Parganas, West Bengal-700097 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Tr. No. 1057 of 2023 arising out of Complaint Case No. 15 of 2023 in which cognizance has been taken under Sections 406 and 420 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and co-accused persons have been running a non-banking finance company and they appointed complainant and about 100 agents for getting deposits from general public on assurance of doubling the money within a certain period. Later on the company stopped business and cheated the public about Rs. 75 lacs.
4. Learned counsel for the petitioner submits that the peti-
Patna High Court CR. MISC. No.14227 of 2024(2) dt.12-03-2024 2/3 tioner is innocent and has been falsely implicated in this case. The petitioner is not the proprietor of the company and he has been working as one of the agents like the informant. Learned counsel further submits that it appears from the complaint petition that the money was deposited in the account of co-accused Subir Mukharji and not this petitioner. There is no specific allegation against this petitioner. Similarly situated accused have been granted bail vide orders dated 08.09.2016 in Cr. Misc. No. 31275 of 2016 and 12.07.2016 in Cr. Misc. No. 25036 of 2016 respectively. The petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner has been avoiding arrest and came before this Court quite late.
6. Considering the aforesaid facts and circumstances of the case and considering the non-specific and general nature of allegation and other co-accused persons have been enlarged on bail, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned,
Patna High Court CR. MISC. No.14227 of 2024(2) dt.12-03-2024 3/3 Kishanganj in connection with Kishanganj P.S. Case No. 08 of 2014, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Arun Kumar Jha, J) Prakash/- U