Sunirmal Goswami v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34863 of 2015 Arising Out of PS.Case No. -237 Year- 2013 Thana -TEGHRA District- BEGUSARAI ====================================================== Sunirmal Goswami, Son of Late Sanuja Bihari Goswami, Resident of village - Jhaljhali, P.S. - Gyaspur, District - Malda (West Bengal). .... .... Petitioner
Versus
1. The State of Bihar.
2. Pappu Kumar S/o Hardeo Sah, Resident of Village + P.O. Noorpur, P.S.- Barauni, District- Begusarai .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Aaruni Singh, Advocate Mr. Sandip Kumar Gautam, Advocate For the Informant : Ravindra Kumar Rai, Advocate For the State : Mr. Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Teghra P.S. Case No. 237 of 2013, disclosing offences under Sections 406 and 420/34 of the Indian Penal Code. The petitioner is said to be one of the Directors of the Company namely, Angel Agritech Limited, with its headquarters at Calcutta. The informant claims that he was an agent of the said Company engaged in the business of a Private Banking. Allegedly, the informant was an agent of the Company and had collected some money from various investors and deposited the amount
Patna High Court Cr.Misc. No.34863 of 2015 (6) dt.11-02-2016 2/3 with the Company. This is said to have happened between the period 20.07.2006 to 30.04. 2013. The Company, however, changed its policy and closed its office. Its C.M.D. and Directors including the petitioner, thereafter, fled away. With these allegations, the First Information Report came to be instituted. Learned counsel appearing on behalf of the petitioner submits that there is absolutely no allegation that any amount which belongs to the informant, was misappropriated by the Company. He further submits that none of the investors have raised any grievance of the nature as made in the First Information Report.
Learned counsel appearing on behalf of the informant has vehemently opposed the prayer of anticipatory bail and has submitted that an incorrect statement has been made that the petitioner has no criminal antecedent though certain case has been instituted against him in West Bengal and one complaint case has been instituted in the Sub Divisional Court, Barh. However, considering the nature of dispute and the accusation in the background of the fact that investors have not made any allegation, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be
Patna High Court Cr.Misc. No.34863 of 2015 (6) dt.11-02-2016 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 237 of 2013, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vats/- U T