Niranjan Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7382 of 2019 Arising Out of PS. Case No.-1418 Year-2015 Thana- COMPLAINT CASE District- Jamui ====================================================== Niranjan Kumar S/o Binod @ Anita Yadav, Resident of Village- Sondipi, P.S.- Laxmipur, District- Jamui ... ... Petitioner

Versus

1. The State of Bihar

2. Nepali Yadav son of Late Dorik Yadav, Resident of Village- Sondipi, P.S.- Laxmipur, District- Jamui ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner, learned counsel representing the complainant and learned APP for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Complaint Case No. 1418(c)/15 in which cognizance has been taken for the offences punishable under Sections 406, 420 323 and 504 of the Indian Penal Code. Learned counsel for the petitioner submits that this petitioner was acting on behalf of the disclosed principle as it would be evident from the statement of the complainant on solemn affirmation itself that the complainant was fully aware of the fact that the petitioner was acting an agent of Kolkata Beer Industries Ltd. and the money was being given to the petitioner for deposit in the said company. It is not the case of the complaint that the

Patna High Court Cr.Misc. No.7382 of 2019(2) dt.15-02-2019 2/2 petitioner has not deposited the money to misappropriate the same for his own purpose. The complainant states that he was being given receipt thereof.

Learned counsel for the complainant has though opposed the prayer for anticipatory bail but in the given facts and circumstances of the case, considering the submissions of learned counsel for the petitioner, this court is willing to extend the benefit of anticipatory bail to the petitioner. Let the petitioner above named, in case of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 3rd, Jamui in connection with Complaint Case No. 1418(c)/15. (Rajeev Ranjan Prasad, J) avin/-vedU T