Sanjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59672 of 2018 Arising Out of PS. Case No.-24 Year-2016 Thana- JANKINAGAR District- Purnia ====================================================== Sanjay Kumar Yadav, S/o- Late Mahendra Yadav, R/o Vill.- Jankinagar Lalni Mandal Tola, P.S.- Jankinagar, District- Purnea. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 471 and 120B of the IPC.

The prosecution case, as per the written report of Manoj Kumar Yadav, dated 07.03.2016, submitted to the Station House Officer, Janki Nagar Police Station is to the effect that co-accused Sanjeev Malakar used to take money from several persons including the informant on assurance of returning double the value of investment in a few months, but the money was misappropriated. It is alleged against the petitioner that he also used to help Sanjev Malakar. Subsequently, Sanjeev Malakar executed an agreement with the informant to return the amount.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.59672 of 2018(2) dt.28-09-2018 2/2 nothing has been brought on record to suggest that money was given to the petitioner. Moreover, the petitioner is not the signatory of the subsequent agreement. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR.

Considering the nature of accusation and the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/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 like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Jankinagar P.S. Case No. 24 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/Deepak/- U T