Harendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48117 of 2015 Arising Out of PS.Case No. -178 Year- 2014 Thana -KOILWAR District- BHOJPUR ======================================================

1. Harendra Pandey S/o- Late Shiv Pujan Pandey, Resident of village- Nath Bigha, P.S.- Gorari, Dist.- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 341/323/ 420/406/120B/467/468/471/34 of the Indian Penal Code and Section 38 of the Companies Act, 1956.

Learned counsel for the petitioner submits that admittedly whatever discussions were made on behalf of the Patliputra Consultants Private Limited, the same was being executed by one Rajendra Prasad, who was the director of the aforesaid company. It is submitted that so far as the present petitioner is concerned, he has no role to play in the transaction and the agreement was entered into by the said Rajendra Prasad and the petitioner is brother of Rajendra Prasad. It is further submitted that other

Patna High Court Cr.Misc. No.48117 of 2015 (3) dt.25-02-2016 P2/2 persons similarly placed have been extended the privilege of anticipatory bail in Cr. Misc. No. 6330 of 2015 vide order dated 16.02.2015. It is further submitted that another co-accused who was taken into custody has also been released on regular bail vide order dated 12.02.2015 passed in Cr. Misc. No. 5650 of 2015. Considering the nature of allegations made against the petitioner and also that the similarly placed other co-accused persons have been extended the privilege of bail, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Ara, Bhojpur in connection with Koilwar P.S. Case No. 178/2014 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T