Ajay Diwakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53189 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -ARA NAGAR District- BHOJPUR ====================================================== Ajay Diwakar Son of Zalim Singh, resident of Village- Jawahar Tola, Near D.A.V. School, P.S.- Ara Nawada, District- Bhojpur at Ara. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rama Kant Singh For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

08-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Bhojpur (Ara) Town P.S. Case No. 05 of 2018 registered under Sections 420, 120(B), 406, 408, 467 and 468 of the Indian Penal Code.

Learned counsel for the petitioner submits that this petitioner was one of the employees of the company in which the informant is said to have invested an amount of a sum of Rs. 1,28,000/-. It is submitted that there is no allegation that the informant had invested the money or had given the money to this petitioner, there is a categorical statement that the money was invested in Ayam Multi Trade Company and in Great Empire Private Limited Company. Learned counsel submits that if he was working as an employee of the company at the relevant time, he was acting only in discharge of his official duties and had never undertaken or guaranteed the return of the money to the petitioner as all investment are subject to risk and the

Patna High Court Cr.Misc. No.53189 of 2018 (2) dt.08-10-2018 petitioner would have exercised due diligence in this regard. Learned Additional Public Prosecutor for the State is present and opposes the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case whereunder it is submitted that this petitioner was himself an employee of the company and the money was not deposited with him or was not entrusted to him, in the event of his arrest/surrender before the court below within four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Bhojpur (Ara) Town P.S. Case No. 05 of 2018, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T