Dhiraj Kumar @ Dheeraj Kumar @ Dhiraj Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16368 of 2020 Arising Out of PS. Case No.-299 Year-2018 Thana- TARAIYA District- Saran ====================================================== 1.

DHIRAJ KUMAR @ DHEERAJ KUMAR @ DHIRAJ TIWARI, Son of Basant Tiwari @ Basant Narayan Tiwari Resident of Village - Rampur Keshav, P.S.- Taraiya, Dist.- Saran.

2.

Vijay Kumar Tiwari @ Vijay Kr. Tiwari, Son of Late kapil Tiwari Resident of Village - Rampur Keshav, P.S.- Taraiya, Dist.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-10-2021 Heard Mr. Harish Kumar, learned advocate for the petitioner and Anuj Kumar Shrivastava, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Taraiya P. S. Case No. 299 of 2018, dated 22.11.2018, instituted for the offences under Sections 323, 406, 420, 467, 468, 471, 504 and 34 of the Indian Penal Code.

The accusation in the F.I.R. is that the money deposited by the informant in the hope of the same

Patna High Court CR. MISC. No.16368 of 2020(2) dt.25-10-2021 2/3 being doubled in future was dashed to the ground and the money was not returned to him. The petitioner no. 1 is said to be the Branch Manager of Silicon Projects India Limited whereas the petitioner no. 2 is the introducer of petitioner no. 1 in the Marhowrah Branch of the Bank in question.

The learned advocate for the petitioners has submitted that the accusation is absolutely false. The petitioner no. 1 is not the Branch Manager of the aforesaid company but is only a Computer Operator, which fact stands established by his appointment letter. The petitioner no. 2 is not alleged to have done anything.

The learned advocate for the petitioners has further submitted that the accusation is too vague for it to bring home the charges under various sections of Indian Penal Code which has been saddled on the petitioners.

Under similar circumstances, one of the accused

Patna High Court CR. MISC. No.16368 of 2020(2) dt.25-10-2021 3/3 persons of this case namely, Ajay Kumar Singh has been granted bail by a Bench of this Court vide order dated 14.08.2019 passed in Cr. Misc. No. 50707 of 2019. Regard being had to the afore-stated facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. - IX, Saran, in connection with Taraiya P. S. Case No. 299 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T