← Library
Patna High CourtCR. MISC./38919/2017dismissed

Ram Singar Tiwary v. The State Of Bihar

2017-11-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38919 of 2017 Arising Out of PS. Case No.-39 Year-2016 Thana- SABAUR District- Bhagalpur ====================================================== Ram Singar Tiwary son of Late Jagdish Tiwary, Resident of English, P.S. Sabour, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. SRI MANOJ KUMAR - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-11-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Sabour P.S. Case N0. 39 of 2016, disclosing offences under Sections 406, 420, 504, 506, 467, 468, 120B/34 of the Indian Penal Code. The allegation against the petitioner is that he was Director of M/s Excella Real Projects (I) Limited and his company collected huge amount of money from the investors and disappeared.

Learned counsel for the petitioner has submitted that the petitioner had already resigned as Director before lodging of the First Information Report. He has also submitted that there is no allegation as to in what capacity the petitioner had taken money from the investors.

Patna High Court Cr.Misc. No.38919 of 2017(3) dt.03-11-2017 2/2 Be that as it may, considering the magnitude of fraud allegedly committed, I am not inclined to grant the petitioner privilege of anticipatory bail since his custodial interrogation may be required.

This application is accordingly dismissed.

The petitioner is directed to surrender before the court below within four weeks from today, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for anticipatory bail by this court. (Chakradhari Sharan Singh, J) arun/- U