Abhinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18521 of 2017 Arising Out of PS.Case No. -180 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Abhinay Kumar, S/o Jhunilal Sah, R/o Village- Belsar Bazar, P.S.- Vaishali (Belsar O.P.), District- Vaishali.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Vaishali (Belsar O.P) P.S. Case no. 180 of 2016, registered under Sections 406 and 420 of the Indian Penal Code. The allegation of informant Ram Ekbal Singh is that petitioner with the help of 25 persons named in the F.I.R. used to run a shop in the name of 'Abhinay Marketing and Consultancy Company' in which they used to deposit money with assurance that they will return them handsome interest after two years. The informant also opened two accounts in the said company and deposited money. But, after maturity the money was not returned to him.

Learned counsel for the petitioner submits that, in

Patna High Court Cr.Misc. No.18521 of 2017 (4) dt.01-09-2017 2/2 fact, there was a group of 25 people, including the informant and petitioner, who used to deposit Rs. 4000/- per moths and member of the group used to receive loan amount of Rs. 80,000/- from the committee as such it is false to say that company, which is detailed in the F.I.R belongs to the petitioner. Further submission is that, in fact, informant has also received Rs. 80,000/- from the petitioner's committee and then stopped to pay monthly installment and when petitioner asked him to deposit the installment then he lodged this false case.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali (Belsar O.P) P.S. Case No. 180 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T