Anand Kumar Sancheti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11748 of 2020 =============================================================== Anand Kumar Sancheti, aged about 45 years (M) son of Late Srichandra Sancheti, resident of Sanauli Chowk, Gulab Bag, P.S.- Purnea Sadar, District- Purnea ................

Petitioner

Versus

The State of Bihar ................. Opposite party ============================================================ Appearance For the Petitioner/s : Mr. Mahendra Thakur, Advocate For the State : Mr. Ram Sevak Choudhary, APP ============================================================= CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07.09.2020 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Raniganj P.S. Case No.215 of 2019, registered under sections 420, 406 and 409 of the Indian Penal Code.

As per allegation in the F.I.R, against an advance of Rs.99,58,620/-, it is stated that the petitioner made a supply of goods only worth of Rs.97,01,620/- and thus has defalcated a

sum of Rs.2,57,000/-.

It is submitted by learned counsel for the petitioner that from perusal of the letter contained in memo no.2044 dated 28.12.2018 which forms part of the F.I.R., it would transpire that the Circle Officer has written to the petitioner that at the time of floods in the year 2017, the petitioner had made supply of goods and against which the amount had been paid to him. Further reference is made to letter dated 19.10.2019 (Annexure-2) written by the petitioner to the Circle Officer, Raniganj, Araria stating that the amount mentioned therein had been paid 5 months after the supply of goods by the petitioner, the details of which has been enclosed by the petitioner with the said letter. It is further submitted that the petitioner has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the nature of allegation together with the contents of the letter referred to by the learned counsel for the petitioner, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a

period of eight weeks from today and in the event of his arrest or surrender in connection with Raniganj P.S. Case No. 215 of 2019, he will be enlarged on bail on furnishing bail bond of Rs 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria subject to the conditions as laid down in section 438(2) of the Criminal Procedure Code.

(Partha Sarthy, J) Bibhash U T