Sanjay Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18507 of 2017 Arising Out of PS.Case No. -522 Year- 2016 Thana -KOTWALI District- PATNA ====================================================== Sanjay Kumar Pandey, Son of Late Sri Krishna Kumar, R/o Mohalla- New Jankanpur, P.S.- Jankanpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. K.N. Choubey, Sr. Advocate. Mr. Subhash Chandra Yadav, Advocate.

Mr. Animesh Kumar, Advocate.

Mr. Prashant Kumar, Advocate.

Mr. Dineshwar Pandey, Advocate.

For the Opposite Party/s : Mr. Dinesh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kotwali P.S. Case No. 522 of 2016 instituted for the offence under Sections 420, 406 and 120(B) of the Indian Penal Code.

As per written report there is specific allegation against Abhinav Anand who was the Director of the Company named as 'Kraker' at Kaushalya Estate, Bandar Bagicha, that he along with this petitioner has defalcated the amount of Rs.50-60 lacs of different persons in the name of getting employment in the Institution. It is further alleged that one Ravindra and Pandey were also associated with the company.

In this manner, there is no specific allegation against the

Patna High Court Cr.Misc. No.18507 of 2017 (2) dt.18-05-2017 2/2 petitioner. From the written report itself it appears that specific allegation of making defalcation of the amount is against Abhinav Anand who was the Director of the Company.

In such circumstances, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kotwali P.S. Case No. 522 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T