Vijay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2005 of 2017 Arising Out of PS.Case No. -485 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Vijay Kumar Singh son of Ram Sevak Singh resident of village Pali, P.S. Bhagwanpur, District Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Begusarai Town P.S. Case No. 485 of 2016 for the offences punishable under sections 420, 467, 468 and 471/34 of the I.P.C and section 3⁄4 of the Bihar Protection of Interest and Depositors Act, 2002. Allegdly, the petitioner being the Manager in the Alchemist Company, which was indulged in taking deposit from the people with the promise to give flat in Punjab and Chandigarh, has cheated the people. The said Company was neither registered by the Central Government or by the State Government nor has any recognition.

Patna High Court Cr.Misc. No.2005 of 2017 (4) dt.31-01-2017 2/3 Submission is of false implication and that co-accused Md. Sahim Akhtar @ Md. Sahin Akhtar Ansari has already been allowed bail, vide Cr. Misc. No. 52960 of 2016 by order dated 19.01.2017, the petitioner has got no criminal antecedent, no offence as alleged is made out, no beneficiary has come forward to lodge any complaint and the informant being the police officer registered the case on his self statement due to the reason best known to him, the petitioner is not the member of the Board of Directors, he is simply the Manager in the Branch, the Company is a registered company by the Registrar of Companies, Punjab and Chandigarh, earlier it was in the name of S.B. Township India Limited and thereafter his name is changed as Alchemist Township India Limited, no one had been cheated by the company and as such the petitioner deserves sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, considering that the company is a registered company by the Registrar of Companies, Punjab and Chandigarh and the petitioner is simply the Branch Manager, no one has come forward to allege that he has cheated any one and as such the petitioner, in case of his arrest or surrender within four weeks from the date of

Patna High Court Cr.Misc. No.2005 of 2017 (4) dt.31-01-2017 3/3 receipt/production of a copy of this order shall 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. C.J.M. Begusarai in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T