Rajesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54494 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- JANKINAGAR District- Purnia ====================================================== Rajesh Mahto S/o Tarni Mahto, R/o Vill.- Ladugarh, Ward No. 9, P.S.- Jankinagar, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bajarangi Lal For the Opposite Party/s :

Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-09-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Jankinagar P.S. Case No. 04 of 2018 dated 10.01.2018 instituted for the offences under Sections 406, 420, 467 and 468 of the Indian Penal Code.

The petitioner is an agent of an insurance company and at his instance, the informant had purchased a policy. It has further been alleged in the FIR that the petitioner was handed over the first installment as well as three other installments to be paid but on enquiry it was learnt that only the first installment of the premium was paid. The receipts which were handed over to the informant were ultimately found to be fake. Learned counsel for the petitioner has

Patna High Court Cr.Misc. No.54494 of 2018(2) dt.04-09-2018 2/2 submitted that in the first instance, since the policy was sold to the informant by the petitioner, the premium was paid by him. Thereafter, the informant took it upon himself to make payment of the premium subject to his convenience. There is nothing on record to concretely speak about the receipts being fake and fabricated. It has further been submitted that the policy had a cash back scheme and the first amount of cash which had to be returned to the informant fell in the year 2016. The present case has only been lodged in the year 2018. For the aforestated facts and taking into account the period of custody of the petitioner which is from 12.06.2018, the petitioner above named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Jankinagar P.S. Case No. 04 of 2018.

(Ashutosh Kumar, J) krishna/- U T