Naveen Kumar Singh @ Navin Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.45432 of 2015 (3) dt.03-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45432 of 2015 Arising Out of PS.Case No. -68 Year- 2015 Thana -BASANTPUR District- SIWAN ====================================================== Naveen Kumar Singh @ Navin Kumar s/o Birendra Singh resident of village : - Hilsar, P.S. - Bhagwanpur Hat, District - Siwan. .... .... Petitioner

Versus

1. The State of Bihar,

2. Tribhuwon Ram, son of Late Mahadeo Ram, R/O Husepur Nand, P.S. Basantpur, District-Siwan.

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

For the Petitioner : Mr. Ranjan Kumar Dubey, Advocate For the Opposite Party : Mr. A.L.Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner is apprehending his arrest in connection with Basantpur P.S. Case No. 68 of 2015 for the offences instituted under Sections 463, 471, 406, 409 and 120B of the Indian Penal Code and Section 55A/465/206(7) of the Company Act.

As per the prosecution case, the main accusation against the petitioner is of in conspiracy with other co-accused persons opening a false institution namely Vaibhav Family India Project Limited by which taking rupees from the informant as well as from other persons but embezzling the amount and become absconding after closing the said company.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.45432 of 2015 (3) dt.03-02-2016 petitioner has got no criminal antecedent. Petitioner is simply an agent of the said finance company. He has got no concern with the affairs of the company. Petitioner has been made accused due to mistake of fact. It is further submitted that the petitioner is ready to deposit an amount of Rs.25,000/- in the court below which shall be subject to the final disposal of the case. On behalf of the State and counsel for the informant, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.

25,000/- in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Basantpur P.S. Case No. 68 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T