Ajay Kumar Anjani @ Ajay Kumar Ajney v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15145 of 2016 Arising Out of PS.Case No. -23 Year- 2015 Thana -JAMALPUR District- MUNGER ====================================================== Ajay Kumar Anjani @ Ajay Kumar Ajney, son of Janardan Prasad Singh .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajanan Mishra, Advocate For the Opposite Party/s : Mr. S. Dayal(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420/467/468/471/406/409/307/34 of the Indian Penal Code. Prosecution case is that the informant was persuaded by co-accused persons being the employee of Ramel Industry Limited Bank, Jamalpur branch, a non-banking financial company. On persuasion of co-accused Babban Rajak, the agent of the company, the informant opened an account and deposited rupees eighteen thousand, in installments under NPS scheme for five years but subsequently he found that the bank was closed. Though it is alleged in the FIR that the petitioner was Branch Manager in the said finance company but it is submitted by learned counsel for the petitioner that the petitioner was not the

Patna High Court Cr.Misc. No.15145 of 2016 (2) dt.12-04-2016 2/3 Branch Manger rather he was Data Entry Operator. A statement to that effect has been made in paragraph 7 of the petition, which reads as follows :- "That it is most humbly submitted that the petitioner was not the Branch Manger of said Bank rather he was a data Entry Operator in the Bank."

Learned counsel for the petitioner further submits that the petitioner never persuaded the informant being employee of the said company rather he has also invested in the company. Similarly situated co-accused Babban Rajak and Abhinav @ Abinav Bharti, who persuaded the informant to invest, has been granted anticipatory bail vide Criminal Miscellaneous No.23511/2015. Learned counsel for the petitioner further submits that a Commission under the Chairmanship of Hon'ble Mr. Justice Shyamal Kumar Sen has been constituted to look into the illegality committed by the Sharda Chit Fund under which the present institution used to run. The Managing Director of the Company has been arrested. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for three months, in the event of arrest or surrender before the learned Court

Patna High Court Cr.Misc. No.15145 of 2016 (2) dt.12-04-2016 3/3 below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Munger in connection with Jamalpur P.S. Case No.23/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. The provisional bail of the petitioner will be confirmed by the learned court below on verification of the fact that the petitioner was simply a Data Entry Operator but it is found that the petitioner was Branch Manger then the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) Ashwini/- U T