Shiv Nath Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8028 of 2020 Arising Out of PS. Case No.-1898 Year-2015 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Shiv Nath Sahni Son of Yogendra Sahni Resident of Village - Gurmiya, P.S.- Kartaha, Distt - Vaishali (Bihar) ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Amarnath Son of Bilat Mahto Resident of Village - Ramnagar Ghataro Tola, P.S.- Kartaha, Distt - Vaishali.

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

For the Petitioner/s :

Mr.Vasant Vikas Mr.Dhaneshwar Vasist For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2023 In view of jointness petition, notice served upon opposite party no. 2 be deemed to be validly served.

2. Heard learned counsel for the petitioner and the State.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 417, 406 of the Indian Penal Code.

4. It is alleged that petitioner along with other coaccused persons misappropriated hard earned money of the depositors.

5. It is submitted by the counsel for petitioner that petitioner has already been removed from the post of Director

Patna High Court CR. MISC. No.8028 of 2020(9) dt.08-09-2023 2/3 from the alleged company ie., Aryan Agro Project India Ltd., On 15.05.2012, after the issues raised by the petitioner. It is next submitted that signature of petitioner was used by the company for the purpose of cheating and only with a view to harass the petitioner, this false and concocted case has been lodged. It is further submitted that petitioner too is a victim of the alleged company i.e., Aryan Agro Projects India Ltd. And had already filed a complaint dated 09.04.2012 with the Bansdroni PS, Kolkata regarding forgery of his signature, obtaining fraudulent digital signatures in his name and fraudulent use of his name and DIN in the company's documents and filing with the Registrar of the companies vide Annexure-2 annexed to this petition. Thereafter, petitioner was removed from the service. From bare perusal of complaint petition, it appears that in the entire complaint petition there is no specific allegation against this petitioner. Petitioner claims clean antecedent.

5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.8028 of 2020(9) dt.08-09-2023 3/3 satisfaction of the learned Additional Chief Judicial Magistrate IXth, Vaishali at Hajipur in connection with Complaint Case No. C1-1898 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T