Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9047 of 2016 Arising Out of PS.Case No. -179 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Ajit Kumar son of Ram Ekbal Sah, resident of Village Daud Chapra, P.S Minapur, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Iftekhar Mahmood (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-02-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420, 120B of the Indian Penal Code.

The prosecution case is that one Krishna Kumar being the Branch Manager of Vardhman Sanmarg Welfare Organisation, a Non-Banking Financial Institution appointed the petitioner and complainant as agent on assurance of return of good interest on the invested amount. Consequently, the petitioner, informant and others got deposited Rs.3,20,920/- but ultimately the said Financial Company found to be closed on 25.12.2014. It is submitted by the learned counsel for the petitioner that as per own admission of the informant, the

Patna High Court Cr.Misc. No.9047 of 2016 (2) dt.26-02-2016 petitioner and informant both were appointed as collecting agent. The money was actually deposited in the Company and the petitioner was also cheated. There is no proof of money being given to the petitioner. Statement has been made in para3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 179 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit to the effect that he will cooperate during investigation. The said affidavit will be transmitted to the concerned I.O. The non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bond of the petitioner.

(Dinesh Kumar Singh, J) P.K./- U T