Deo Narayan Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.27418 of 2016 (2) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27418 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -ARA NAGAR District- BHOJPUR ====================================================== Deo Narayan Rai Son of late Ram Bachan Rai Resident of VillageDhudhuan, PS Ara Muffasil, District Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Mishra, Advocate For the Opposite Party : Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Ara Town P.S. Case No. 52 of 2016 for the offences instituted under Sections 406 and 420 of the Indian Penal Code. The prosecution case, in brief, is that, the accused induced the complainant/informant in depositing money in a company "Annex Infrastructure Company Limited" and assured the informant that he had been guaranteed to return money. In this way, the informant used to gave Rs.500/- per day for a year later on paid him back only Rs.80,000/- and did not return the balance amount of his investment.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.27418 of 2016 (2) dt.12-07-2016 petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. As per the allegation, the complainant/informant had invested Rs.1,80,000/- in the Annex Infrastructure Company Limited. Petitioner happened to be the agent of the said company. Out of the aforesaid amount, petitioner has already returned Rs.80,000/- to the informant which is evident from the complaint/FIR. No wrongful gain has been made on the part of the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Ara Town P.S. Case No. 52 of 2016 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T