Patna High CourtCR. MISC./43933/2017bail granted

Ritesh Kumar Giri v. The State Of Bihar

2017-12-19Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.43933 of 2017 (3) dt.19-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43933 of 2017 Arising Out of PS.Case No. -137 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Ritesh Kumar Giri Son of Ashok Kumar Giri, R/o Village- Taralahi, P.S.- Bahadurpur, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Laheriasarai P.S. Case No. 137 of 2017, disclosing offences under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

The case of the prosecution as narrated in the First Information Report is that the accused persons established an Educational Charity Welfare Trust. In the pretext of providing job to unemployed youth, they had collected money from certain people as registration fees and, subsequently, they are said to have disappeared.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.43933 of 2017 (3) dt.19-12-2017 though there is allegation of fraud against the co-accused Asgar Khan, there is no material collected in course of investigation against the petitioner in as much as, no witness has said any thing against the petitioner.

The case diary is available. The learned A.P.P. has failed to point out any material to show petitioner's involvement in commission of the offence.

Considering the submission, as above, this application is allowed.

Let the petitioner, Ritesh Kumar Giri, in the event of his arrest of surrender before the Court below within six weeks, be released on 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, Darbhanga, in connection with Laheriasarai P.S. Case No. 137 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) sushma/- U T