Arun Kumar Thakur And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8885 of 2016 Arising Out of PS.Case No. -3447 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Arun Kumar Thakur S/o Late Mahesh Thakur of Village - Kanchanpur, P.S. Vidupur, District - Vaishali.

2. Vikash Kumar S/o Shri Ramsewak Singh Gola Road, Sonepur, District - Saran. At present proprietor, Trilokdarshi Vastralaya, Sutapatti, P.S. Town, District - Muzaffarpur.

3. Ravishankar @ Ravishankar Kumar s/o Late Mohan Pd.

4. Putul Devi w/o Late Mohan Pd. Both residents of Mohalla Sikandarpur, P.S. Town, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Niraj Bharti s/o Sri Ashok Thakur R/o Village - Kolhua Paigambarpur, P.S. Ahiyapur, District - Muzaffarpur.

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

For the Petitioner/s : Mr. Pratik Kumar Sinha, Adv. For the Opposite Party/s : Mr. Indu Bala Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a protest cum complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 420, 406, 467, 468, 384 and 120B of the Indian Penal Code.

The prosecution case is that the accused persons in league with the petitioners realized `11 lakhs from the complainant for providing employment on the post of T.T.E. in the

Patna High Court Cr.Misc. No.8885 of 2016 (2) dt.25-02-2016 2/2 Indian Railway but neither the job was provided nor the money was returned.

It is submitted by learned counsel for the petitioners that on conclusion of investigation, petitioners were not sent up for trial and final form was submitted which was accepted but subsequently on the basis of protest cum complaint petition, cognizance has been taken. There is no proof with regard to payment to the petitioners. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent. Considering the fact that on conclusion of investigation, accusation was not found true, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Muzaffarpur in connection with Complaint Case No. 3447 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T