Vinay Kumar @ Binay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43394 of 2023 Arising Out of PS. Case No.-948 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Vinay Kumar @ Binay Kumar Son Of Hariwansh Roy Resident Of Village -DIH Tabhaka, Po - P. T. Tabhaka, Ps- Bibhutipur, Tabhka Khas, DisttSamastipur ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Mithlesh Yadav Son Of Late Narayan Yadav Resident Of Village- Murkuta, Ps- Chakand, Distt- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar For the Opposite Party/s :
Mr. Awadhesh Kumar Singh For the O.P. No. 2 :
Mr. Ujjawal Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner, learned counsel for the O.P. No. 2 and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 406 467, 468 471 and 120B of the Indian Penal Code.
3. As per the complaint, the complainant being illiterate visited bank for fixing the money which he received as compensation for acquisition of his land on 12.05.2014. The accused person fraudulently got several signatures on different forms and instead of fixed deposit, the money was deposited in PNB MetLife Scheme. It is further alleged that on 19.05.2018,
Patna High Court CR. MISC. No.43394 of 2023(3) dt.25-09-2023 2/2 when the complainant along with his wife visited the said bank, he came to know the fraudulent act of the accused persons .
4. It is submitted on behalf of the petitioner that as a matter of fact, the petitioner was Senior Branch Manager and after discussing and disclosing all the terms and conditions, the insurance was taken by the petitioner after being fully satisfied. There is no allegation of defalcation of money of the complainant. Petitioner has got clean antecedent.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. VIII, Gaya/concerned court below in connection with Complaint Case No. 948 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shishir/- U T