Radha Kant Lal Das @ R.K.L. Das @ Radha Kant Lal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11302 of 2020 Arising Out of PS. Case No.-307 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== Radha Kant Lal Das @ R.K.L. Das @ Radha Kant Lal Das S/o Late Surya Narayan Lal Das Resident of Naya Bazar, Ward No. 03, P.S. and DistrictSaharsa ... Petitioner

Versus

1.

The State of Bihar 2.

Ravindra Kumar S/o Bankeshwar Sah Resident of Gandhi Path, P.S. and District- Saharsa ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Madhav Jha, Advocate For the Opposite Party :

Mr.Ashok Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2020 Heard learned counsel for the parties.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 409, 120B and 504 of the Indian Penal Code.

The informant alleges that he deposited Rs.38400/- in a Co-operative Committee for a year. However, when he approached the Committee for getting his maturity amount, he learnt that the said Committee has already been closed. He has alleged that the petitioner and other accused persons named in the FIR while working for the Committee, hatched a criminal conspiracy and swallowed his deposits.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case because of being one of the members of the Board of the said Committee. He submits that even as per the FIR, the allegation is general and omnibus against altogether 14 accused persons including the petitioner without attributing any specific role to him. However, the specific allegation of collecting money from the informant is against the agent of the said Committee, i.e., co-accused Lalan Kumar. Further, the dispute is pending

Patna High Court CR. MISC. No.11302 of 2020(2) dt.22-06-2020 2/2 before the Bihar Co-operative Tribunal.

Considering the facts of the case, let the petitioner, above named, in the event of surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in Saharsa Sadar Police Station Case No. 307 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T