Raj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44258 of 2017 Arising Out of PS. Case No.-305 Year-2017 Thana- BUXAR District- Buxar ====================================================== Raj Kumar Singh, Son of Rabindra Nath Singh, Resident of Village- Ahiwas, P.S.- Ramgarh, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arabind Nath Pandey For the Opposite Party/s :

Mr. SRI UDAY PRATAP SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-12-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Baxar (Town) P.S. Case No. 305 of 2017, disclosing offences under Sections 406,420,467,120B and 504 of the Indian Penal Code.

The First Information Report has been registered under Section 156(3) of the Code of Criminal Procedure, 1973 on the basis of a complaint case lodged by one Ramratan Singh, who claims that he was also at some point of time one of the Directors of Oxicon International Industries Limited. It is being alleged that the petitioner, who is the Managing Director of the said Company, has misappropriated huge amount of money received by him from the investors.

Patna High Court Cr.Misc. No.44258 of 2017(3) dt.19-12-2017 2/3 Learned counsel for the petitioner has, on the other hand, submitted that it is the informant who is responsible for misappropriation of money. He has also submitted that no investor has raised any complaint.

It is evident from the allegations made in the complaint petition and the materials which have been collected in course of investigation that some dispute has arisen among the Directors of the Company leading to lodging of the complaint case. It transpires that there is allegation of misappropriation of huge amount of money of the investors by the Company itself.

However, since registration of the present First Information Report appears to be because of some kind of internal dispute among the Directors of the Company, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned Chief Judicial Magistrate, Baxar in Baxar (Town) P. S. Case No. 305 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure

Patna High Court Cr.Misc. No.44258 of 2017(3) dt.19-12-2017 3/3 on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U