Ram Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20359 of 2017 Arising Out of PS.Case No. -308 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Ram Prakash Mandal, son of Late Anutha Mandal, proprietor of Body Builder, Hans Engineering, Resident of village- Deona, P.S.- barauni (Refinary O.P.), District - Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Jha, Advocate. For the Opposite Party/s : Mr. Sri Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Barauni P.S. Case No. 308 of 2016, registered under Sections 406, 420, 467, 468, 471 and 120(B)/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Begusdarai. The allegation of informant, Praveen Kumar Singh, is that he took loan from S.B.I. Fertilizer Township, Baroni, for purchasing of 15 tank lorries to Pawan Automotives Pvt. Ltd. belonging to Ranjan Kumar and Chandan Kumar but only 12 tank lorries were given to him. Regarding 3 tank lories, he contacted several times to Pawan Automotives Pvt. Ltd. but no heed was given. Later on, he came to know that for 3 tank lorries there was

no registration and the same have not been delivered to him. On query in the D.T.O, it was detected that for two vehicles engine numbers of two motorcycles and one tractor are detailed, which are in the name of Suresh Singh, Praveen Kumar Snigh and Abadh Kishore Singh. He also came to know that regarding 15 tank lorries the money was paid in the account of Hans Engineering which is belonging to this petitioner but the body of tank lorries were not prepared there. On further verification, the informant came to know that two crores three lakhs were credit by the State Bank of India in the account of Hans Engineering belonging to this petitioner.

Learned counsel for the petitioner submits that admittedly petitioner is the proprietor of Hans Engineering and in business transaction he handed over some signed blank papers and cheques to Pawan Automotive Pvt. Ltd. Later on, he came to know that on 17.04.2014 and 19.04.2014, Rs. 68,90,000/- and Rs.1,35,00,000/- respectively were credited in his account and also withdrawn on next dates perhaps using blank papers and cheques which were given by the petitioner to Pawan Automotive Pvt. Ltd. in course of business transaction.

Having considered the facts and circumstances of the case and the nature of allegation, I am not inclined to grant

anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

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