Manoj Kumar Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17518 of 2024 Arising Out of PS. Case No.-1867 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== MANOJ KUMAR CHAURASIYA SON OF BINDESHWARI PRASAD CHAURASIYA @ VINDESHWARI PRASAD Resident of Village - Ward No.4, Pitaujhia, P.S. - Gogri, District - Khagaria ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

ARVIND KUMAR PANKAJ SON OF LATE JAGESHWAR CHAURASIYA Resident of Village - West of Giri High School, Kashipur, P.S. - Samastipur Town, District - Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shanti Bhushan Singh For the Opposite Party/s :

Mr. Jharkhandi Upadhyay For the Informant :

Mr. Pransu ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State.

2. Petitioner is apprehending his arrest in connection with Complaint Case No. 1867 of 2021, registered for the offence punishable u/ss 406, 420, 120B/34 of the Indian Penal Code.

3. The petitioner along with other co-accused persons are alleged to have embezzled the amount of Rs.1,72,03,225/- of the customers, who deposited their money in the Company Sarvoday Proficient Nidhi Ltd.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.17518 of 2024(12) dt.17-01-2025 2/2 that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. It is submitted that after investigation, the police has filed final form against the petitioner but on the protest petition, cognizance was taken by the learned Court below. It is further submitted that there is no specific overt act against the petitioner and petitioner has no criminal antecedent.

5. Similarly situated co-accused Hareram Sah and Amrendra Bharti were dismissed by co-ordinate Benches of this Court on 23.05.2023 in Cr. Misc. No. 27050 of 2023 and 07.07.2023 passed in Cr. Misc. No. 27900 of 2023.

6. Considering the huge amount embezzled by the accused persons and including the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

7. The prayer for grant of anticipatory bail on behalf of the petitioner is hereby rejected.

8. The petitioner is directed to surrender within two weeks and pray for regular bail.

(Sandeep Kumar, J) Ranjeet/- U T