Patna High CourtCR. MISC./43483/2015bail granted

Dilip Kumar Diwakar v. The State Of Bihar

2015-11-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43483 of 2015 Arising Out of PS.Case No. -122 Year- 2015 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Dilip Kumar Diwakar Son of Late Anuplal Anup Resident of Meena Niketan, Mohalla - Vijay Nagar, P.s. and District - Katihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Najeeb Ahmad For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-11-2015 Heard both sides.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 406, 420, 468, 467, 471/34 of the Indian Penal Code.

The informant made allegation that petitioner is the Managing Director of Active Group of Companies Limited. Md. Idris and the petitioner persuaded him to invest in his Company for getting monthly pension. The informant invested Rs.2,50,000/- and got monthly pension for one year and thereafter he did not receive any money. One cheque of Rs.25,000/- was issued in the name of the informant as loan but the cheque was bounced.

It is submitted that from perusal of annexure-4 it

Patna High Court Cr.Misc. No.43483 of 2015 (3) dt.23-11-2015 would appear that the informant invested the money in five years plan and according to Condition 3-A no loan amount is to be disbursed nor the amount can be withdrawn before the maturity period. It is submitted that similarly situated co-accused Md. Idris has already been granted anticipatory bail vide order passed in Criminal Misc. No. 44345 of 2015.

Considering the facts aforesaid, the petitioner above named, in the event or arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri D. K. Rai, Judicial Magistrate, 1st Class, Katihar in connection with Azamnagar P.S. Case No. 122 of 2015 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Prabhat Kumar Jha, J) Amin/- U