Raj Gopal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19033 of 2016 Arising Out of PS.Case No. -714 Year- 2015 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Raj Gopal Pandey Son of Late Gupteshwar Nath Pandey resident of village - By Pass Zero Mile, P.S. Sadar, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-05-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of K. Hat (Sahayak) Police Station Case No. 714 of 2015, disclosing offence under Sections 406, 409 and 420 of the Indian Penal Code.

The First Information Report has been registered on the basis of a written report submitted by 9 (nine) persons to the Officer-in-Incharge of Sahayak Khazanchi Police Station, Purnea. They have alleged that they were induced to become agents of Sunshine Global Agro Limited Company, Purnea, by the officials of the said company, named in the First Information Report, including the

Patna High Court Cr.Misc. No.19033 of 2016 (2) dt.10-05-2016 2/3 present petitioner. It is alleged that the agents collected money from the depositors and deposited the same in the account of the company on an assurance that they will be getting good returns. Up to 2012, the depositors were given the maturity amount, but thereafter respective amounts were not paid to the depositors.

Learned Counsel appearing on behalf of the petitioner has submitted that vague allegations have been made in the First Information Report without giving description of the amount which was deposited in the account of the company and was not paid to the depositor upon maturity. He has further submitted that any depositor has not filed any complaint.

Considering the submission that the allegations in the First Information Report are not specific, this application is allowed.

Let the petitioner, Raj Gopal Pandey, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Purnea, in connection with K. Hat (Sahayak) Police Station Case No. 714 of 2015, subject to the condition laid down under Section 438 (2) of the Code of

Patna High Court Cr.Misc. No.19033 of 2016 (2) dt.10-05-2016 3/3 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 on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √