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Patna High CourtCR. MISC./8798/2022allowed

Satyendra Rai v. The State Of Bihar

2022-11-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8798 of 2022 Arising Out of PS. Case No.-54 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== Satyendra Rai Son of Late Ramashankar Rai R/o Village Nai Basti, Mahadeva, P.S.- Siwan Muffasil, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Rajeev Kumar Singh, Advocate Mr. Pranab Jha, Advocate For the State :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of the informant.

The petitioner apprehends his arrest in connection with Maharajganj P.S. Case No.54 of 2019, registered for the offences punishable under Sections 467, 468, 471, 420, 406, 379, 195, 197, 198, 120(B) and 34 of the Indian Penal Code.

Allegation is that the petitioner appointed the complainant/informant as Branch Manager of Life Care Infrastructure Limited on the basis of forgery in the year 2011.The petitioner and co-accused took money from the villagers and did not return.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted

Patna High Court CR. MISC. No.8798 of 2022(5) dt.28-11-2022 2/2 that similarly situated co-accused, Ashok Kumar Singh has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 02.08.2021, passed in Cr. Misc. No.38220 of 2020. It is submitted that when the Directors of the Companies refused to return the money to the investors, the petitioner had made complaint to the SEBI. It is also submitted that petitioner had made no wrongful gain or wrongful loss to the complainant/informant.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts and circumstances of the case, let petitioner, above named, 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 learned Chief Judicial Magistrate, Siwan in connection with Maharajganj P.S. Case No.54 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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